This required "housing fund" data can be a paper report identified as an addendum to the APR. The separate housing fund data report can be attached to the APR or sent separately. (Existing Program 9.6) Provide a report on housing and financial activity
information in the Annual Progress Report.
9.1 Community
Development
Department
General
Fund,
LMIHAF
Annually by
April 1
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Table 68
Housing Program Schedule
Visalia
Implementation Program Actions Objectives
Implements
What
Policies
Who is
Responsible
Potential
Funding
Source
Timeframe
HE Program 9.7 Link Transit Facilities and Services with RHNA Land Inventory Sites
The City shall continue to incorporate affordable housing linkages to its transportation related plans. The City shall continually analyze and maintain maps and any related analysis and policies to ensure there is an optimal linkage among affordable housing, public transit and active transit (non-motorized modes of transportation), and the City’s major jobs, commerce and services generators. (Existing Program 9.8) Continually maintain map exhibits and policies in
transportation related plans, as needed, to ensure
optimal linkages with current high density
residential nodes and RHNA land inventory sites
to jobs, commerce, and services hubs.
9.1 Community
Development
Department
General
Fund
As
transportation
plans are
developed
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Quantified Objectives
One of the requirements of State law (California Government Code Section 65583[b]) is that the Housing Element contains quantified objectives for the maintenance, preservation, improvement, and development of housing. State law recognizes that the total housing needs identified by a community may exceed available resources and the community’s ability to satisfy this need. Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall, however, establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over an eight-year period. Table 69 summarizes the quantified objectives for the construction, rehabilitation, or conservation of units during the time frame of the Housing Element (2023-2031).
Table 69
Summary of Quantified Objectives
City of Visalia
2023-2031
Objective Category/Program Ext. Low
Very
Low
Low
Mod.
Above
Mod.
Total
New Construction
Single Family Developments 80 800 2,400 3,280
HE Program 2.2: Incentives for Downtown Housing 40 40 HE Program 2.3: Infrastructure Funding Program 40 40 HE Program 2.4: Mixed-Use Development 40 40
HE Program 2.5: Incentives for Infill Affordable Housing 40 40 80 HE Program 3.2: Multiple-Family Developments 40 80 120 160 400 800 HE Program 3.11: City Incentives for Affordable Housing 30 30 50 110 HE Program 3.13: Non-Profit Housing Development Corporations 10 10 20 40 HE Program 3.15: Promoting Accessory Dwelling Units 30 30 30 10 100 HE Program 3.17: Planning for Large Sites 20 30 70 80 200 HE Program 3.18: Targeting Extremely Low-income Developments 100 100 HE Program 5.4: Senior Rental Housing 20 20 40
HE Program 5.6: Large Families 64 64 128
HE Program 5.9: Special Needs Housing Outreach1 35 35 20 90 Subtotal 180 329 489 1,200 2,890 5,088
Rehabilitation
HE Program 5.5: Rehabilitation Assistance for Senior and… 20 20 40 80 HE Program 6.1: Housing Rehabilitation Program 20 30 50 HE Program 6.2: Low-Income Rental Rehabilitation Program 20 20 HE Program 6.3: Emergency Repairs and Basic Needs Program 10 10 20 40 HE Program 6.5: Rehabilitation and Adaptive Reuse 4 4 8 Subtotal 30 54 114 - - 198
Assistance for Homebuyers and Renters
HE Program 3.3: First-Time Homebuyer Program 10 10 20 HE Program 3.4: Mortgage Revenue Bonds, Mortgage Credit… 10 10 20 HE Program: 3.13: Non-profit Housing Development Corporations 5 5 10 20 Subtotal 5 5 30 20 - 60
Conservation
HE Program 3.6: Section 8 Housing Assistance Program 300 300 200 800 Subtotal 300 300 200 - - 800
TOTAL 520 693 863 1,240 2,890 6,206
1: includes 50 affordable units for farmworkers.
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7. Affirmatively Furthering Fair
Housing
Introduction and Overview
In 2018, the California State Legislature passed Assembly Bill (AB) 686 to expand upon the fair housing requirements and protections outlined in the federal Fair Employment and Housing Act.
The law requires all State and local public agencies to facilitate deliberate action to explicitly address, combat, and relieve disparities resulting from past patterns of segregation to foster more inclusive communities. AB 686 created new requirements that apply to all housing elements due for revision on or after January 1, 2021. The passage of AB 686 ensures that California Cities affirmatively further fair housing.
AB 686 defined “affirmatively further fair housing (AFFH)” to mean “taking meaningful actions, in addition to combat discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity.” AB 686 added to the Housing Element requirements an assessment of fair housing which includes the following components:
• A summary of fair housing issues and assessment of the City’s fair housing enforcement and outreach capacity
• An analysis of segregation patterns and disparities in access to opportunities • An assessment of contributing factors
• An identification of fair housing goals and actions.6 Methodology
This AFFH analysis has been prepared consistent with the California Department of Housing and Community Development (HCD)’s Affirmatively Furthering Fair Housing Guidance for All Public Entities and for Housing Elements which provides guidance on the preparation of housing elements and ensures statutory requirements are satisfied, pursuant to Government Code Section 65583(c)(10).
This AFFH analysis evaluates fair housing issues on the following topics:
• Fair Housing Enforcement and Outreach Capacity
• Integration and Segregation Patterns and Trends
• Racially and Ethnically Concentrated Areas of Poverty • Disparities in Access to Opportunity
• Disproportionate Housing Needs
6 Housing and Community Development (HCD). 2021. https://www.hcd.ca.gov/community - development/affh/index.shtml
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• Other Relevant Factors, including historical disinvestment, lack of infrastructure improvements, and presence of older affordable housing units that may be at risk of conversion to market-rate housing.
This AFFH addresses impediments through AFFH-specific goals, and actions based on the contributing factors for each identified fair housing issue.
Data Sources
The California Government Code Section 65583 (10)(A)(ii) requires cities and counties to analyze areas of segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs, including displacement risk.
To conduct this analysis, the City utilized data from a variety of sources, detailed below.
Additionally, the analysis includes a discussion of historic land use and segregation patterns and input from sources of local knowledge, including advocates for people with special needs, housing development and advocacy organizations, housing and social services providers, and low-income residents.
California Department of Housing and Community Development’s AFFH Data Viewer
The AFFH Data Viewer is a tool developed by HCD that features census block group and tract level data from an expansive collection of sources including U.S. Census American Community Survey (ACS), U.S. Department of Housing and Urban Development (HUD), California Tax Credit Allocation Committee (TCAC), Urban Displacement Project (UDP), and Comprehensive Housing Affordability Strategy (CHAS). The Data Viewer tool serves as a resource for local and regional governments and provides the ability to explore spatial data patterns concerning fair housing enforcement, segregation and integration, racially and ethnically concentrated areas of poverty, and disparities in access to opportunities and housing. The Data Viewer is intended to assist in the creation of policies that alleviate disparities, combat discrimination, and increase access to safe and affordable homes.
Urban Displacement Project (UDP)
The UDP was developed to track neighborhood change and identify areas that are vulnerable to gentrification and displacement in California. The UDP measures indicators of gentrification and displacement at the census tract level based on data from the 2015 ACS. UDP indicators examine census tracts to identify areas that qualify as disadvantaged neighborhoods.
Additionally, census tracts identified as disadvantaged neighborhoods by UDP’s criteria are further analyzed to explore changes in the percentage of college educated residents, non- Hispanic White population, median household income, and median gross rents over time to determine levels of gentrification and displacement risk. 323
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CalEnviroScreen
The California Office of Environmental Health Hazard Assessment developed a screening methodology to identify communities disproportionately burdened by multiple sources of pollution. This tool, called the California Communities Environmental Health Screening Tool (CalEnviroScreen), utilizes existing environmental, health, and socioeconomic data to rank census tracts based on 20 distinct indicators. In general, if a community has a high score for that indicator, it is more likely to have greater degree of pollution burden and a higher rate of residents vulnerable to the effects of that pollution exposure as compared to census tracts statewide. Designated disadvantaged communities are those with CalEnviroScreen percentile scores of 75 or higher, meaning that they scored within the highest 25 percent of census tracts for pollution and other social and economic burden indicators across California.
California Tax Credit Allocation Committee (TCAC) Opportunity Maps To assist fair housing analysis, HCD and the California Tax Credit Allocation Committee (TCAC) created the California Fair Housing Task Force to provide research, evidence-based policy recommendations, and other strategic recommendations to HCD and related state agencies/departments to further the fair housing goals.7 The California Fair Housing Task Force created Opportunity Maps to identify resource levels across the state. Opportunity mapping is a way to measure and visualize place-based characteristics linked to critical life outcomes, such as educational attainment, earnings from employment, and economic mobility.2 Opportunity Maps reflect scores in three different domains made up from a set of indicators shown in Table 70, as well as a composite score combining all three domains.
Table 70
Domains and List of Indicators for Opportunity Maps
City of Visalia
2022
Domain Indicator
Economic Poverty, Adult Education, employment, Job proximity, median home value Environmental CalEnviroScreen 3.0 pollution indicators and values Education Math proficiency, reading proficiency, high school graduation rates, student poverty rates Source: California Fair Housing Task Force, Methodology for the 2020 TCAC/HCD Opportunity Maps, December 2020
City of Visalia 2020/21-2024/25 Consolidated Plan
The U.S. Department of Housing and Urban Development (HUD) Consolidated Plan is used by the federal government, states, and local jurisdictions to assess affordable housing and community development needs and is a required document for jurisdictions to be eligible for federal HUD grant programs. As an Entitlement Community of Community Development Block Grant (CDBG) funds and a Participation Jurisdiction of HOME Investment Partnership Program (HOME) funds, the City of Visalia is required to submit a federally mandated Consolidated Plan
7 Office of The State Treasurer (STO). 2021. https://www.treasurer.ca.gov/ctcac/opportunity/2020- tcac-hcd-methodology.pdf
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every five years and submit an Annual Action Plan in order to receive its annual CDBG and HOME funds. The Consolidated Plan guides Visalia in allocating federal CDBG and HOME funding to support projects and programs to benefit low- and moderate-income residents and increase housing and economic opportunities. The Annual Action Plan summarizes programs and projects that will be funded by the annual grants to achieve the goals and objections of the Consolidated Plan. Visalia’s Consolidated Plan goals include improving housing opportunities for low-income households through new housing construction, mortgage and rental assistance, providing tenant-based subsidies, encouraging property maintenance through code enforcement, providing public services for at-risk populations (including persons experiencing homelessness), ADA improvements, minor single-family and mobile home repair programs, and construction of a Low-Barrier Navigation Center. In 2023, Visalia was awarded $1,183,482 in CDBG funds and $546,791in HOME funds. In 2021, the City was awarded $1,840,059 in one-time HOME Investment Partnership American Rescue Plan Program (HOME-ARP) funds. The CDBG and HOME fund amounts represent the approximate annual allocation that the City of Visalia receives for general administration, community development, and affordable housing development.
City of Visalia 2020/21-2024/25 Analysis of Impediments (AI) As part of the CDBG program certification process and prior to HUD’s reinstatement of the AFFH standards in 2020, entitlement communities prepared an analysis of impediments to fair housing choice every five years. The City of Visalia 2020/21-2024/25 Analysis of Impediments (AI) is intended to identify discrimination and increase fair housing choices for residents across the city.
The AI addresses fair housing issues on both a regional/countywide level and in the city of Visalia. The AI provides an assessment of the local laws, ordinances, statutes, and administrative policies, as well as local conditions that affect the location, availability, and accessibility of housing. It also analyzes the conditions in the private market and public sector that may limit the range of housing choices or impede a person’s access to housing and provides solutions and measures to mitigate or remove identified impediments.
HUD Comprehensive Housing Affordability Strategy (CHAS) Data Each year, HUD receives custom tabulations of American Community Survey (ACS) data from the U.S. Census Bureau. These data, known as the "CHAS" data (Comprehensive Housing Affordability Strategy), demonstrate the extent of housing problems and housing needs, particularly for low-income households. CHAS data is estimated by the number of households that have certain housing problems and have income low enough to qualify for HUD’s programs (primarily 30, 50, and 80 percent of median income). It is also important to consider the prevalence of housing problems among different types of households, such as the elderly, disabled, minorities, and different household types.
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AllTransit
AllTransit is an online database that examines factors related to transit access and produces a performance score that reveals the social and economic impact of transit, such as connectivity and access to jobs.
Fair Housing Resources
Enforcement and Outreach Capacity
Fair housing enforcement and outreach capacity is the ability of a local jurisdiction and fair housing agencies to provide fair housing and tenants’ rights information to community members. Enforcement and outreach capacity also includes the ability to address compliance with fair housing laws, such as investigating complaints, resolving issues, and conducting fair housing testing.
Regional Resources
There are multiple organizations throughout Tulare County that provide fair housing services to the region. Table 71 lists organizations that address housing and community needs by providing the following services:
• Fair housing testing and complaints
• Fair housing counseling and education
• Tenant/landlord counseling and mediation
• Homeless prevention program
• Rental assistance program
• Rent/deposit grant program
• Homeseeking services
• Shared housing counseling placement
• Homebuyers’ education learning program
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Table 71
HUD Certified Fair Housing Providers Active in the Tulare County City of Visalia
2022
Organization URL Phone Number
Central California Legal Services
(CCLS)
https://centralcallegal.org/ (800) 675-8001
(510) 663-4755
Community Services Employment
Training (CSET)
https://www.cset.org/ (559) 732-4194
(855) 275-3246
Fair Housing Council of Central
California (FHCCC )
https://fhc-cc.org/index.html (559) 244-2950
(415) 928-5910
Housing Authority of Tulare County
(HATC)
https://www.hatc.net/
https://communityhdc.org/
(559) 627-3700
(510) 412-9290
Kings-Tulare Area Agency on Aging
(KTAAA)
https://ktaaa.org/
https://ebclc.org/need-services/housing-
services/
(800) 321-2462
(510) 548-4040
Self-Help Enterprises (SHE) https://www.selfhelpenterprises.org/ (559) 651-1000 Source: City of Visalia AI, 2020; HUD Exchange Housing Counseling Agency search tool Local Resources
The City of Visalia contracts with the Fair Housing Council of Central California (FHCCC), a nonprofit organization that provides fair housing information and resources to residents and housing providers. The FHCCC investigates complaints involving housing discrimination and predatory lending practices to ensure compliance with federal and state housing laws. The City also contracts with Self-Help Enterprises (SHE) to provide grants for the mobile home repair program and for the acquisition and rehabilitation of affordable housing and rental units.
Ability to Address Complaints
Initiated by the Department of Justice’s Civil Rights Division in 1991, fair housing testing is a technique used to uncover evidence of discrimination in rental housing. Fair housing testing involves one or more individuals who pose as prospective renters for the purpose of determining whether a landlord is complying with local, state, and federal fair housing laws. Enforcement actions may be taken when investigations yield evidence of a pattern or practice of illegal housing discrimination. Testing may be initiated following the filing of a specific housing discrimination complaint or, as is the case when testing for discrimination against a specific class, as part of an overall effort to determine whether the discrimination is happening in a consistent systemic pattern in a city or region. In Tulare County, fair housing testing is used to identify unlawful housing discrimination practices based on the real or perceived race, ethnicity, color, religion, gender identity or expression, national origin, disability, familial status, marital status, age, ancestry, sexual orientation, and source of income of prospective renters.
The City contracts with FHCCC to conduct fair housing testing of rental properties. FHCCC conducted systemic paired testing of the rental housing market in Visalia to compare treatment of those seeking housing based on race. Testing consisted of 10 test sites, all multi-family complexes, in different census tracts throughout the city. The tests were conducted using African American testers and Caucasian testers, as the control, who would go to the same 327
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testing site as close in time to each other as possible without overlapping. Of the ten housing complexes tested, African American testers encountered discriminatory treatment 50 percent of the time. African American testers were told housing was unavailable, when it was made available to Caucasian tester counterparts, and were denied the opportunity to view a dwelling unit, when the opportunity was given to Caucasian tester counterparts. African American testers were also given inferior information about rental opportunities, offered less favorable terms and conditions, and required to meet additional standards and qualifications compared to Caucasian testers.
The Department of Fair Employment and Housing (DFEH) maintains a record of housing discrimination complaints filed in local jurisdictions. According to the AI, between 2015 and 2019, a total of 311 fair housing complaints were filed. Overall, disability/accessibility-related discrimination comprised the largest proportion of cases (45 percent), followed by national origin (39 percent). In addition, the DFEH received four housing complaints between 2000 and 2019, for which the close reason for all was No Cause Determination.
Segregation and Integration Patterns and Trends
To inform priorities, policies, and actions, the housing element must include an analysis of integration and segregation, including patterns and trends. Integration generally means a condition in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability in a specific geographic area. Segregation generally means the opposite condition, in which there is a high concentration of the characteristics described above in a specific geographic area. To adequately assess the patterns of integration and segregation, this section identifies trends at the regional scale (Tulare County) and at the local scale (Visalia). To identify socio- economic and demographic spatial trends across these jurisdictions, this analysis utilizes HCD’s AFFH Data Viewer, which provides an expansive collection of data from sources including the ACS, HCD, HUD, UDP, the Center for Disease Control and Prevention (CDC), and other regional and federal agencies.
In its AFFH guidance document published in April 2021, HCD describes the importance of segregation and integration analysis in relation to fair housing:
Residential segregation and exclusion, whether by race, ethnicity, disability, or income, is a result of numerous housing policies, practices, and procedures—both public and private— that have had enduring and pervasive negative impacts. Overt and covert housing discrimination through land use policy, shifting housing markets, and patterns of investment and disinvestment, have restricted meaningful fair housing choice and equitable access to opportunity, particularly for communities of color. Historic patterns of segregation persist in California despite the long-standing federal mandate, established by the Fair Housing Act of 1968 (FHA), that federal agencies and federal grantees affirmatively further the purposes of the FHA. Past and present discriminatory policies and practices, including long-term disinvestment, have resulted in neighborhoods with concentrated poverty and poor housing 328
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stock, limited access to opportunity, unsafe environmental conditions, underfunded schools, dilapidated infrastructure, and other disproportionately experienced problems. In addition, governmental policies have subsidized the development of segregated, high-resourced suburbs in metropolitan areas by constructing new highway systems—often through lower income communities of color— to ensure access to job opportunities in urban centers. This physical and policy infrastructure supports patterns of discrimination and high levels of segregation that continue to persist in California and across the country. All of these conditions persist despite the over 50-year-old obligation to prohibit discrimination and affirmatively further fair housing.8
Race and Ethnicity
The ethnic and racial composition of a region relates to fair housing concerns such as household size, locational preferences, and economic opportunity. Historic exclusionary governmental policies, biased mortgage lending practices, and other tactics have caused racial and ethnic segregation and spatial inequities.
Regional Trends
The western, urbanized area of Tulare County contains populations with at least 40 percent non- White residents (Figure 10). Comparatively, relatively less urbanized, less densely populated areas of Tulare County, which contain or are near Sequoia National Park and Sequoia National Forest, contained a higher percentage of White residents.
From 2010 to 2020, the racial/ethnic diversity in Tulare County increased. The percent of White residents decreased nine percent between 2010 and 2020, the percent of Hispanic/Latino residents increased by five percent, and the percent of Asian American/Pacific Islander and other/multiple races increased by one percent each (Table 72). Hispanic/Latino residents remained the largest racial/ethnic group in the county, equaling approximately two-thirds (66 percent) of the total population in 2020 (2020 Census).
Table 72
Population by Racial Group
Visalia and Tulare County
2010-2020
Visalia (Percent of Population)
Tulare County (Percent of
Population)
2010 2020 2010 2020
Asian American/Pacific Islander 5% 6% 3% 4%
Black/African American 2% 2% 1% 1%
Hispanic/Latino 46% 53% 61% 66%
Other or Multiple Races 3% 3% 2% 3%
White 44% 36% 33% 26%
8 HCD 2021. https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27- 2021.pdf
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The HCD AFFH Data Viewer identifies areas that are dominated by one racial/ethnic group and by how much. A racial/ethnic group with a predominant majority has more than a 50 percent difference between the percentage of the population in the dominant racial/ethnic group and the percentage of the population in the second most populated racial/ethnic group. A sizeable majority occurs when the difference is between 10 and 50 percent and a slim majority occurs when the difference is less than 10 percent. The majority of western Tulare County is predominantly Hispanic/Latino, with the exception of areas in southern parts of Visalia and eastern parts of the City of Tulare. The eastern areas of the county have a sizeable majority of White residents. (Figure 11)
HUD utilizes the racial/ethnic dissimilarity index to measure segregation levels across a defined geographic boundary. The racial/ethnic dissimilarity index ranges from 0-100, where 0 represents perfect integration between racial groups and 100 representing perfect segregation.9 A dissimilarity index score of 0 to less than 40 indicates low segregation, 40 to 54 indicates moderate segregation, and greater than 55 indicates high segregation. Racial/ethnic segregation in the Visalia-Portville Region slightly increased between 2010 and 2020, as shown in Table 73, contrasting to the previous trend of decreasing segregation between 1990 to 2010. According to the AI, the highest levels of segregation are between Hispanic/Latino and White residents, followed by Black and White residents. The AI utilized the racial/ethnic dissimilarity index to measure segregation levels across neighborhoods in Visalia and the region. In 2020, the highest levels of segregations in the Visalia-Porterville Region were between Hispanic/Latino and White residents followed by Black and White residents (Table 73). Overall, segregation between non- White residents and White residents increased since 2010, reversing a trend of decreasing segregation from 1990 to 2010.
Table 73
Racial Dissimilarity Index Values for Segregation
Visalia-Porterville Region
1990-2020
Visalia Tulare-Porterville Region
1990 2000 2010 Current 1990 2000 2010 Current
Non-White/White 37.56 34.52 23.61 29.23 36.51 37.80 34.94 40.58 Black/White 29.37 22.02 16.42 27.25 51.11 40.70 32.32 41.93 Hispanic/White 36.85 35.87 24.29 29.90 38.85 40.16 37.53 42.42 Asian or Pacific Islander/White 48.94 42.41 30.05 34.23 42.42 39.00 33.43 40.91
9 HUD, 2020. https://www.hud.gov/sites/dfiles/FHEO/documents/AFFH-T-Data-Documentation- AFFHT0006-July-2020.pdf
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Figure 10 Percent of Total Non-White Population (Tulare County)
Source: AFFH Viewer, 2022.
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Figure 11 Predominant Populations (Tulare County)
Source: AFFH Viewer, 2022.
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Local Trends
Visalia is slightly less diverse than Tulare County, with a larger share of White residents, 36 percent in the city compared to 26 percent in the county. However, like the county, Hispanic/Latino residents comprise the largest racial/ethnic group in Visalia, followed by White residents (2020 Census). Similar to county trends, Visalia became more diverse between 2010 and 2020. The percentage of Asian American/Pacific Islander residents and Hispanic/Latino residents increased while the percentage of White residents decreased (Table 72).
Residents in northern areas of Visalia and areas near downtown are predominantly Hispanic/Latino and residents in the remaining areas of the city are predominantly White (Figure
12. The area near downtown, located in the northeastern part of the city, has the highest majority of Hispanic/Latino residents. One area north of downtown has a predominant majority (gap > 50 percent) of Hispanic/Latino residents. Areas of the city south of SR 198 contain a predominant majority of White residents.
Neighborhoods in northeastern Visalia are the most diverse in the city, with a higher percentage of non-White residents compared to other areas of the city (Figure 13). In downtown Visalia and surrounding neighborhoods, more than 80 percent of residents are non-White. All block groups in the city contain at least 20 percent non-White residents.
Racial segregation in Visalia is lower than the overall county. However, similar to segregation trends throughout the Visalia-Porterville Region, segregation between non-White residents and White residents in Visalia increased between 2020 and 2010, reversing a trend of decreasing segregation from 1990 to 2010. However, segregation levels between non-White and White residents in 2020 was still lower than 1990 levels. In 2020, the highest levels of segregations were between Asian/Pacific Islander and White residents (Table 73).
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Figure 12 Predominant Populations (Visalia)
Source: AFFH Viewer, 2022
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Figure 13 Percent of Total Non-White Population (Visalia)
Source: AFFH Viewer, 2022
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Persons with Disabilities
For persons with disabilities, fair housing choice and access to opportunity include access to accessible housing and housing in the most integrated setting appropriate to an individual’s needs as required under federal civil rights law, including equitably provided disability-related services that an individual needs to live in such housing. For example, persons with disabilities who are unable to use stairs or need a zero-step shower may not have housing choice if there are not sufficient housing units with these accessibility features.10 High spatial segregation of persons with disabilities may indicate fair housing issues related to not only physical needs, but also economic disparities. According to the 2020 Annual Report on People with Disabilities in America, more than 25 percent of persons with disabilities (including physical, intellectual, and developmental; sensory; and other disability categories) live below the Census Bureau-designated poverty line, which is 14.5 percentage points higher than people without a disability.11 Persons with disabilities may be more reliant than persons without disabilities on fixed incomes or access to public transit.
Regional Trends
Twelve percent of the total population in Tulare County (53,760 residents) live with one or more disabilities. In most of the county, 10 to 20 percent of the population have a disability. Some of the western, more urbanized parts of the county have lower concentrations of persons living with a disability, with less than 10 percent of the population with a disability (Figure 15) Approximately five percent of the total employed population in the county have one or more disabilities, reflecting no change from 2015. Eight percent of the unemployed population has one or more disabilities, down from nine percent in 2015. Table 74 shows employment status by disability status estimates for Tulare County.
Table 74
Employment Status by Disability Status
Tulare County
2020
Employed
2011-2015
(Percent of
Total
Employed)
Unemployed
2011 -2015
(Percent of
Total
Unemployed)
Employed
2016-2020
(Percent of
Total
Employed)
Unemployed
2016-2020
(Percent of
Total
Unemployed)
No Disability 155,103 20,109 165,578 17,607
Percent 95% 91% 95% 92%
With a Disability 8,215 2,030 9,477 1,509
Percent 5% 9% 5% 8%
Total 163,318 22,139 175,055 19,116
10 HCD, 2021. https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27- 2021.pdf
11 Annual Disability Statistics Compendium, 2020. https://disabilitycompendium.org/annualreport 336
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Local Trends
Twelve percent of Visalia’s population (15,842 residents) live with one or more disabilities, which is the same as the county (2016-2020 ACS). Ambulatory difficulty is the most common disability for Visalia residents, followed by independent living difficulty (Figure 14). Many residents living with a disability are seniors (39 percent).
Figure 14 Disability by Type (Visalia)
Notes: These disabilities are counted separately and are not mutually exclusive, as an individual may report more than one disability.
These counts should not be summed.
Source: U.S. Census Bureau, American Community Survey 5-Year Data (2016-2020), Table S1810.
The largest concentration of residents who reported living with one or more disabilities is within Census Tract 06107001200, located in downtown Visalia, north of SR 198, between South Mooney Boulevard and North Santa Fe Street. Almost 26 percent of the total population in this census tract lives with a disability. Northwestern and western Visalia have the lowest rate of residents living with a disability, less than 10 percent. Neighborhoods in the eastern, central, and southern areas of the city have between 10 to 20 percent of residents who reported living with one or more disability (Figure 16). Census Tract 06107001200 is primarily zoned mixed- use, single-family residential, and office conversion zone, compared to the western area which is zoned for a range of industrial and commercial uses. The downtown area also has more than double the population density than the western area of the city. There are three affordable housing developments in this census tract (06107001200) that provide a combined total of 223 affordable units.
About five percent of the total employed population in the city have one or more disabilities, reflecting no change from 2015. Nine percent of the unemployed population has one or more disabilities, a four percent decrease from 2015 (Table 75). 4%
3%
5%
6%
2%
6%
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
7.00%
With a
hearing
difficulty
With a
vision difficulty
With a
cognitive
difficulty
With an
ambulatory
difficulty
With a self-
care difficulty
With an
independent
living difficulty
Percent of Population Reportin
Disability
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Table 75
Employment Status by Disability Status
Visalia
2020
Employed
2011-2015
(Percent of
Total
Employed)
Unemployed
2011 -2015
(Percent of
Total
Unemployed)
Employed
2016-2020
(Percent of
Total
Employed)
Unemployed
2016-2020
(Percent of
Total
Unemployed)
No Disability 47,275 4,307 51,952 2,777
Percent 5% 86% 95% 91%
With a Disability 2,734 687 2,694 291
Percent 5% 14% 5% 9%
Total 50,009 4,994 54,646 3,068
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Figure 15 Percent of Population with a Disability (Tulare County)
Source: AFFH Viewer, 2022
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Figure 16 Percentage of Population with One or More Disabilities (Visalia)
Source: AFFH Viewer, 2022
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Familial Status
Familial status refers to the presence of children under the age of 18 and the martial status of the head of the household. Families with children may face housing discrimination by landlords who fear that children will cause property damage. Examples of differential treatment include limiting the number of children in an apartment complex or confining households with children to a specific location are potentially discriminatory. Single-parent households are protected by fair housing law. A 2016 HUD study on the effects of housing discrimination based on familial status found that landlords presented households with children fewer housing options, and the units shown were generally larger, and as a result, slightly more expensive to rent.12 Additionally, female-headed households with children require special consideration and assistance because of generally greater needs for affordable housing and accessible day care, health care, and other supportive services.
Regional Trends
Tulare County had a total of 139,044 households in 2020. Households with children present comprise approximately 40 percent (54,903 households) of the total households in the county (2016-2020 ACS). Married-couple families with children comprise the largest share of households with children (64 percent). Most single-parent households are female single-parent households (72 percent). Single-parent, female-headed households are more likely to rent than own, comprising approximately 18 percent of renter-occupied households but only four percent of owner-occupied households (Table 76).
Table 76
Tenure by Household Type and Presence of Children
Tulare County
2020
Household Type
Owner-
Occupied
Percent of Total
Owner-
Occupied
Renter-
Occupied
Percent of Total
Renter-
Occupied
Married Couple Family, with
Children Present
20,334 25.6% 14,895 25.0%
Single-Parent, Male
Householder, no Spouse
Present
2,355 3.0% 3,141 5.3%
Single Parent, Female
Householder, No Spouse
Present
3,383 4.3% 10,795 18.1%
Total Households with
Children Present
26,072 32.9% 28,831 48.3%
Total Households 79,353 59,691
Urban parts of the county have higher percentages of children residing in female-headed, single- parent households. Areas located in the western part of the county, such as the cities of Visalia, Tulare, and Porterville, have higher percentages of children residing in female-headed, single- parent households, with between 40 and 60 percent of children in female-headed, single-parent
12 HUD. 2016. https://www.huduser.gov/portal/sites/default/files/pdf/HDSFamiliesFinalReport.pdf. 341
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households in some census tracts. In contrast, the eastern areas of the county have less than 20 percent of children residing in this female-headed, single-parent households (Figure 17).
Local Trends
Visalia has a total of 43,867 households (2016-2020 ACS). Households with children present comprise 40 percent of all households in Visalia, which is comparable to the county (2016-2020 ACS). Similar to regional trends, married-couple families in Visalia comprise the largest share of households with children present (66 percent), and married-couple families are more likely to own their home than rent (Table 77). In contrast, single-parent households represent approximately 34 percent of households with children present and are more likely to rent rather than own, especially female-headed, single-parent households. Female-headed, single-parent households comprise 24 percent of renter-occupied households and only three percent of owner-occupied households.
Table 77
Tenure by Household Type and Presence of Children
Visalia
2020
Household Type Owner-Occupied
Percent of Total
Owner-Occupied Renter-Occupied
Percent of Total
Renter-Occupied
Married couple family, with
Children Present
6,812 26.3% 3,651 20.4%
Single-Parent, Male
householder, no spouse
present
832 3.2% 858 4.8%
Single-Parent, Female
householder, no spouse
present
880 3.4% 4,359 24.3%
Total Households with
Children Present
8,524 32.9% 8,868 49.5%
Total Households 25,950 17,917
In Visalia, the highest concentration of female-headed, single-parent households is located in the southwestern and central parts of the city (Figure 18). Census tracts in the southwestern part of the city, south of Mineral King Avenue and north of Caldwell Avenue, have between 40 and 60 percent of children living in female-headed, single-parent households. Several other census tracts, mostly within central areas of the city, have between 20 and 40 percent of children living in female-headed, single-parent households. All other areas of the city have less than 20 percent of children living in female-headed, single-parent households.
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Figure 17 Female-Headed Households with Children Present, No Spouse/Partner Present (Tulare County)
Source: AFFH Viewer, 2022
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Figure 18 Female-Headed Households with Children Present, No Spouse/Partner Present (Visalia)
Source: AFFH Viewer, 2022
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Household Income
Household income is directly connected to the ability to afford housing. Higher-income households are more likely to own rather than rent housing. As household income decreases, households tend to pay a disproportionate amount of their income for housing and the number of persons occupying unsound and overcrowded housing increases. To achieve fair housing objectives, people in low-income households must have actual choice in housing opportunities— that is, when they are able to locate units that are affordable and well maintained in all parts of a jurisdiction and region.
This section identifies household income disparities using data based on median household income and low or moderate income (LMI) geographies. HUD defines an LMI area as a census tract or block group where over 51 percent of the population is LMI. The definition of low or moderate income is based on HUD income definitions of up to 80 percent of the area median income (AMI). Data for this analysis is from HCD’s AFFH Data Viewer, which utilizes the HUD Low- and Moderate-Income Summary Data based on the 2011-2015 American Community Survey (most recent available data).13
Regional Trends
Tulare County has a median household income of $52,534 (2016-2020 ACS). Median household income in the county is highest in the northwestern areas, particularly in areas in proximity to the cities of Visalia and Tulare (Figure 19). In most other parts of the county, median household income is lower than the 2020 State median income of $87,100. Urban areas of the county, including the cities of Dinuba, Visalia, Tulare, Lindsay, and Porterville, have some of the lowest median incomes in the county, less than $30,000.
LMI populations are prevalent throughout Tulare County, especially in western parts of the county (Figure 20). Census tracts in the western part of the county, near urban areas, including the cities of Dinuba, Visalia, Tulare, and Porterville, contain the highest concentration of LMI populations in the county. Spatially, LMI populations overlap with census tracts with greater racial diversity (Figure 10) and predominant Hispanic/Latino populations (Figure 11).
Local Trends
Geographically, median household income varies across block groups throughout Visalia. Visalia has an estimated median household income of $66,668, that is 24 percent higher than the median household income for Tulare County (2016-2020 ACS estimates). The highest median household income areas are located in the northwestern part of the city and in several block groups in the central part of the city (Figure 20). In contrast, the northeast and central parts of the city have lower median household incomes. According to the AI, household median income increased significantly between 2000 and 2017, from $41,349 to $54,934, an increase of 33 percent. Household median income in Visalia continued to rapidly increase in recent years, increasing 18 percent between 2017 and 2020. In Visalia, census tracts with lower household
13 HUD Exchange 2021: https://www.hudexchange.info/programs/acs-low-mod-summary-data/ 345
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median income incomes tend to be predominantly Hispanic/Latino while census tracts with higher household median incomes tend to be predominantly White (Figure 22).
LMI populations in Visalia are concentrated in the central and northeastern areas of the city (Figure 23). Downtown Visalia neighborhoods have the highest percentage of LMI populations (between 75 and 100 percent of the population) in the city. Neighborhoods in northwestern, western, and southern Visalia have a lower percentage of LMI populations (less than 25 percent of the population). Neighborhoods with higher rates of LMI populations tend to overlap with areas of the city with a larger non-White population (Figure 13) and a higher percentage of children who lived in single parent female headed households (Figure 18).
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Figure 19 Median Household Income (Tulare County)
Source: AFFH Viewer, 2022
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Figure 20 Low and Moderate Income Population (Tulare County)
Source: AFFH Viewer, 2022
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Figure 21 Median Household Income (Visalia)
Source: AFFH Viewer, 2022
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Figure 22 Predominant Populations and Household Median Income (Visalia)
Source: AFFH Viewer, 2022
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Figure 23 Low to Moderate Income Population (Visalia)
Source: AFFH Viewer, 2022
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Racially and Ethnically Concentrated Areas of Poverty
To identify racially and ethnically concentrated areas of poverty (known as R/ECAPs), HUD developed thresholds based on racial and ethnic concentration and income level. The threshold for racial and ethnic concentration is a non-White population of 50 percent or more in metropolitan or micropolitan areas. The income threshold is based on areas of “extreme poverty,” where 40 percent or more of households earn incomes at or below the federal poverty line, or where the poverty rate is three times the average poverty rate in the metropolitan area, whichever is less. An area that meets both thresholds for racial or ethnic concentration and “extreme poverty” is considered a R/ECAP.
Poverty and Segregation
Regional Trends
In Tulare County, R/ECAPs are concentrated in the western areas of the county, especially in the southwest corner of the county (Figure 23). R/ECAPs are prevalent in more urban areas of the county within the cities of Porterville, Lindsay, Visalia, Tulare, and Dinuba. R/ECAPs generally overlap with areas that are predominantly Hispanic/Latino (Figure 20) and areas with high rates of overcrowding (Figure 48) and overpayment by renters (Figure 45).
Poverty rates are high in both rural and more urban areas of Tulare County but are most prevalent in northeastern and northwestern parts of the county (Figure 25). In areas northeast of Dinuba, northwest of Visalia and within the cities of Dinuba, Visalia, Lindsay, and Porterville more than 40 percent of the population lives below the poverty line. Nearby areas in northwestern and southwestern parts of the county have more than 30 percent of the population living below the poverty line. Parts of the county with the lowest poverty rates are located within the cities of Visalia and Tulare and near the city of Exeter, with less than 10 percent of the population living below the poverty line.
TCAC categorizes census tracts that have both a poverty rate of over 30 percent and that are designated as being racially segregated (overrepresentation of people of color relative to the county) as areas of high segregation and poverty. Areas of high segregation and poverty in Tulare County are concentrated in the western half of the county and includes rural areas in the northwestern and southwestern part of the county as well as census tracts within the cities of Dinuba, Visalia, Woodlake, Tulare, and Porterville. These areas overlap with census tracts that are predominantly Hispanic/Latino (Figure 20).
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Figure 24 R/ECAPs (Tulare County)
Source: AFFH Viewer, 2022
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Figure 25 Poverty Status (Tulare County)
Source: AFFH Viewer, 2022
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Figure 26 Areas of High Segregation and Poverty (Tulare County)
Source: AFFH Viewer, 2022
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Local Trends
There is one R/ECAP in Visalia, located in the downtown area, Census Tract 06107001100, north of Goshen Avenue and south of Houston Avenue (Figure 27). This census tract is primarily a mix of Hispanic/Latino and White residents with an estimated 28 percent of residents who speak English less than very well. Approximately 62 percent of residents in this census tract are considered low income and 44 percent are living below the poverty line. The median household income is $29,310, significantly lower than the city’s median household income of $66,668. In addition, the majority of residents are renters (81 percent).
Other areas within downtown Visalia, north of SR 198 and west of Ben Maddox Way, have an overlap of lower household median incomes and racial/ethnic concentration. These neighborhoods have household median income ranging between $16,620 and $26,591 as well as a sizeable majority (between 10 percent and 50 percent gap) of Hispanic/Latino residents with approximately 51 percent of residents identified as Hispanic/Latino in these census tracts.
Census tracts in downtown and northeastern Visalia have the highest poverty rates in the city (Figure 28). Up to 44 percent of the population in downtown Visalia are living below the poverty line and between 20 and 40 percent of residents are living below the poverty line in northeastern Visalia. Poverty is also prevalent throughout central and southern parts of the city, with between 20 percent and 30 percent of the population living below the poverty line. Poverty rates in Visalia have shifted slightly over time. In 2014, poverty rates were higher in western and northwestern parts of Visalia compared to 2019 poverty rates (2010-2014 ACS; 2015-2019 ACS).
Areas of high segregation and poverty in Visalia include the downtown area, Census Tracts 1100 and 1200, and a small portion of northwestern Visalia, Census Tract 900 (Figure 29). Census Tract 1100 is considered an R/ECAP and has the highest poverty levels in the city, with 44 percent of the population living below the poverty line. This census tract is predominantly Hispanic/Latino, 75 percent of the population. Census Tract 1200 is also predominantly Hispanic/Latino, 52 percent of the population, and 32 percent of the population is living below the poverty line. Census Tract 900 is located primarily in unincorporated parts of the county and is predominantly Hispanic/Latino, 72 percent of the population, with 42 percent of the population living below the poverty line. However, these trends do not necessarily reflect the population living within the city limits as the area is zoned Industrial and is developed with industrial land uses.
According to Urban Displacement Project data, the racial/ethnic composition of most neighborhoods in Visalia is a mix of Hispanic/Latino and White (Figure 30). There are three census tracts in the city that are not a Hispanic/Latino-White mix. Census Tract 1100 in downtown Visalia, an R/ECAP, is an Asian-Hispanic/Latino mix. 356
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Figure 27 R/ECAPs (Visalia)
Source: AFFH Viewer, 2022
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Figure 28 Poverty Status (Visalia)
Source: AFFH Viewer, 2022
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Figure 29 Areas of High Segregation and Poverty (Visalia)
Source: AFFH Viewer, 2022
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Figure 30 Neighborhood Segregation (Visalia)
Source: AFFH Viewer, 2022
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Concentrated Areas of Affluence
While R/ECAPs have long been the focus of fair housing policies, racially concentrated areas of affluence (RCAAs) must also be analyzed. RCAAs are defined as affluent, White communities.14 According to a policy paper published by HUD, White residents are the most racially segregated group in the United States, and are typically more affluent than majority non-White communities. RCAAs have not been studied extensively, nor has a standard definition been adopted by HCD or HUD. Therefore, this assessment uses the percent White population and median household income as thresholds to identify potential RCAAs. In addition to having a higher median income, areas of affluence experience less overcrowding, less housing cost burden on renters, and are generally less susceptible to displacement compared to LMI areas.
Regional Trends
HCD’s AFFH Data Viewer identifies RCAAs as census tracts that have a White population that is
1.25 times higher than the Council of Governments region and a household median income 1.5 times higher than the AMI. RCAAs are located in northern Tulare County as well as areas within the city of Visalia and eastern Tulare (Figure 31). RCAAs in Tulare County are predominantly White (Figure 11) and primarily have household median incomes much greater than the county average of $52,534 (Figure 19).
Local Trends
RCAAs in Visalia are concentrated in the northwestern and western areas of the city. These communities consist of over 60 percent of White residents with a median household income ranging from $83,097 to $106,842 (Figure 30).The location of RCAAs in Visalia correspond to census tracts with the lowest percentage of residents living with a disability (Figure 16) and the lowest percentage of low- and moderate-income populations (Figure 23) and the highest- resource areas.
14 Goatz, Damanio and Williams, 2019.
https://www.huduser.gov/portal/periodicals/cityscpe/vol21num1/ch4.pdf 361
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Figure 31 Racially Concentrated Areas of Affluence (Tulare County)
Source: AFFH Viewer, 2022
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Figure 32 Racially Concentrated Areas of Affluence (Visalia)
Source: AFFH Viewer, 2022
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Disparities in Access to Opportunities
Land use policies and urban planning impact the ability of residents to access neighborhoods of opportunity, with high-performing schools, greater availability of jobs that afford entry to the middle class, and convenient access to transit and services. The limits on housing choice and access experienced by people within protected classes, such as race, sexual orientation, or disability, have far-reaching impacts on access to job opportunity, quality education, and mental and physical health.15 This section analyzes the following place-based characteristics linked to opportunity indicators: quality education, employment, transportation, and healthy environment.
The primary objective is to understand the disparity between communities in terms of access to real and potential economic benefits and quality of life.
Transit Access and Walkability
Reliable public transit access and active transportation options such as walking, and biking are imperative for low-income residents and/or persons with disabilities to connect to employment opportunities. Lack of transportation options can impede fair housing choice and continue to reinforce barriers for low-income communities in accessing housing and employment opportunities.
Regional Trends
Several transit organizations operate throughout Tulare County, offering fixed route bus services to residents. Tulare County Area Transit (TCaT) provides a fixed route bus service with 9 lines between communities in western Tulare County, and Dial-A-Ride services. Visalia Transit operates 13 fixed bus routes and Dial-A-Ride services throughout Visalia. The V-LINE provides shuttle services between Visalia and Fresno six times per day, seven days a week. The Sequoia Shuttle provides round-trip shuttle service from Sequoia National Park and Visalia. The City of Porterville operates 6 fixed bus routes and Dial-A-COLT (Dial-A-COLT). The City of Woodlake also offers Dial-A-Ride service within the city limits and in some unincorporated areas of the county. Transit options in eastern and rural areas of the county are very limited.
Tulare County received an average AllTransit performance score of 4.1 which equates to a low combination of trips per week and number of jobs accessible by transit.16 Local Trends
The City of Visalia operates Visalia Transit which provides fixed route bus service with 13 routes and Dial-A-Ride curb to curb service. Dial-A-Ride service provides paratransit service for individuals with disabilities and the same day service for the general public based on availability.
In addition, Tulare Intermodal Express (TIME) operates 7 bus routes serving Tulare and Visalia,
15 HCD. 2021. https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27- 2021.pdf
16 AllTransit.Org, 2021. https://alltransit.cnt.org/
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connecting to TCaT and Visalia Transit. Most areas in Visalia are within a quarter-mile access of a transit stop (Figure 33). Most of the northwestern area of the city is not within a quarter mile of a transit stop. This area has a lower housing density than most of the city, however it has a high job proximity with a large number of jobs and is predominantly zoned Industrial. Based on community feedback, residents feel the city needs to improve transit access to job centers, such as the northwest part of the city. In addition, an increase in transit capacity is needed to support future housing development.
Visalia received an AllTransit Performance Score of 6.5, higher than the county as a whole, which equates to a moderate combination of trips per week and number of jobs accessible by transit. AllTransit estimated about 1 percent of commuters use transit in Visalia.17 Walk Score is a private company that offers a walkability index on its website, that measures the pedestrian friendliness of a given location by analyzing walking routes to nearby amenities and examining population density and road metrics, including block length and intersection density.18 According to Walk Score, Visalia received a walk score of 39 out of 100, which is considered “car dependent.” According to Walk Score most walkable areas in the city are in northeastern Visalia (walk score of 78) which is considered “very walkable”, and central Visalia (walk score of 67) which is considered “somewhat walkable.” The Environmental Protection Agency (EPA) has a walkability index, that ranks block groups according to their relative walkability.19 According to the National Walkability Index, areas within central Visalia are considered above average walkable, especially near SR 198 and SR 63, (Figure 34). Other areas of the city are considered below average walkable.
17 AllTransit. 2023. City: Visalia, CA. https://alltransit.cnt.org/metrics/?addr=visalia 18 Walk Score, 2021. https://www.walkscore.com/methodology.shtml 19 EPA, 2021. https://www.epa.gov/smartgrowth/national-walkability-index-user-guide-and-methodology 365
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Figure 33 Access to Transit Within a Quarter-Mile (Visalia)
Source: City of Visalia, 2022
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Figure 34 Walkability Index (Visalia)
Source: National Walkability Index, 2022
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Access to Quality Education
Economics literature has consistently found about a 10 percent increase in wages/salary with each additional year of education.20 Therefore, educational attainment is directly linked to income and therefore housing opportunities. To assess educational opportunities by geography, this analysis uses TCAC education domain scores, which incorporate a variety of indicators including math and reading proficiency scores, high school graduation rates, and student poverty rates at the census tract level.
Regional Trends
Educational outcomes vary across Tulare County. Areas in the northern and northwestern parts of the county and areas east and southern of the city of Porterville have more positive education outcomes compared to the rest of the county (Figure 35). Areas within the cities of Visalia, Tulare, and Porterville have the least positive education outcomes.
According to Kidsdata.org, a data compilation program of the Lucile Packard Foundation for Children's Health, Tulare County, high school graduation rates are highest among Filipino students (100 percent), Asian-American students (95 percent), and Hispanic/Latino students (88 percent). Comparatively, Black/African American students (82 percent) and American Indian/Alaska Native students (83 percent) have lower graduation rates.
Local Trends
Visalia is served by the Visalia Unified School District (VUSD) which includes 26 elementary schools, five middle schools, four comprehensive high schools, a continuation high school, an adult school, a charter independent study school, a K-8 charter home school, and a charter technical early college high school. VUSD serves over 32,000 students pre-K through 12th grade and serves over 214 square miles within and surrounding the city of Visalia. 21 According to the AI, 24 schools within VUSD are classified as Title I schools. Title I programs distribute funding to schools and school districts with a high percentage of students from low-income families.
Approximately 40 percent of VUSD students come from families who are low income.
Areas in northern, western, and southwestern parts of the city have the most positive education outcomes, while areas in central parts of the city and downtown Visalia have less positive education outcomes (Figure 36).
20 Annual Disability Statistics Compendium, 2020. https://disabilitycompendium.org/annualreport 21 Visalia Unified School District. https://www.vusd.org/domain/9 368
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Figure 35 TCAC Opportunity Areas – Education Outcomes (Tulare County)
Source: AFFH Viewer, 2022
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Figure 36 TCAC Opportunity Areas - Education Outcomes (Visalia)
Source: AFFH Viewer, 2022
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Economic Outcomes
Housing opportunities are directly related to economic opportunities. Access to high quality employment close to desired and affordable housing results in more housing opportunities and shorter commute times. The analysis for economic opportunities uses TCAC economic indicators, employment participation data from the ACS, Metropolitan Transportation Commission (MTC) Equity Priority Communities (EPC), and the HUD Jobs Proximity Index.
TCAC economic opportunities are measured by census tract. They consider poverty, adult education, employment, job proximity, and median home values. A higher economic index score reflects more positive economic outcomes. The HUD Jobs Proximity Index assesses the accessibility to job opportunities at the census block group level.
Regional Trends
Economic outcomes vary across Tulare County. Areas with more positive economic outcome scores are located in the northern, eastern, and parts of northwestern areas of the county (Figure 37). In comparison, areas within southwestern and parts of northwestern Tulare County have less positive economic outcome scores.
According to 2017-2021 ACS estimates, Tulare County has a labor force participation rate of 61 percent of persons 16 years and over, which is approximately 1 percent higher than the labor force participation rate for the county in 2015. Estimates from the California Employment Development Department show that the average salary in Tulare County in 2021 was $52,126.
Occupations with the highest average salaries in Tulare County are management occupations, healthcare practitioners, technical occupations, and legal occupations, all with an average salary of over $100,000 (Table 78). Occupations with the lowest salaries include healthcare support occupations, food preparation and serving-related occupations, and farming, fishing, and forestry occupations, all with average salaries under $36,000.
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Table 78
Mean Salary by Occupation
Tulare County
2020
Occupation Average Salary
Management Occupations $110,075
Healthcare Practitioners and Technical Occupations $102,687 Legal Occupations $100,698
Architecture and Engineering Occupations $87,583
Computer and Mathematical Occupations $84,174
Business and Financial Operations Occupations $74,485
Educational Instruction and Library Occupations $70,468 Life, Physical, and Social Science Occupations $70,251
Protective Service Occupations $64,358
Community and Social Service Occupations $58,927
Construction and Extraction Occupations $58,381
Installation, Maintenance, and Repair Occupations $55,920 Arts, Design, Entertainment, Sports, and Media
Occupations $53,913
Office and Administrative Support Occupations $45,393
Production Occupations $43,019
Sales and Related Occupations $42,030
Transportation and Material Moving Occupations $41,182
Building and Grounds Cleaning and Maintenance
Occupations $39,092
Personal Care and Service Occupations $37,824
Healthcare Support Occupations $35,947
Food Preparation and Serving Related Occupations $34,572 Farming, Fishing, and Forestry Occupations $32,451
All Occupations $52,126
Local Trends
The TCAC opportunity maps help to identify patterns of negative and positive economic, educational, and environmental outcomes across the state. Census tracts are ranked from lowest (negative outcomes) to highest resource (positive outcomes) based on TCAC’s Opportunity Maps analysis. Central areas of Visalia, specifically south of Houston Avenue, north of Murray Avenue, east of Mooney Boulevard, and west of Santa Fe Street, have the least positive economic outcome scores (Figure 38). Throughout the rest of the city, economic outcome scores are generally positive. Areas with lower economic outcome scores correspond with areas with a majority Hispanic/Latino population and lower household median incomes. 372
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Figure 37 TCAC Opportunity Areas - Economic (Tulare County)
Source: AFFH Viewer, 2022
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Figure 38 TCAC Opportunity Areas – Economic (Visalia)
Source: AFFH Viewer, 2022
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Figure 39 Job Proximity Index (Visalia)
Source: AFFH Viewer, 2022
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Access to employment opportunities has a significant impact on the type and size of housing a household can afford. HUD’s Jobs Proximity Index utilizes origin-destination employment statistics to examine the distance from a given neighborhood to all job locations in the region and assess the accessibility to job opportunities at the census block group level. Because the size of employment centers and the supply of labor differ across the region, the distance from any single job location is positively weighted by the size of employment (job opportunities) at that location and inversely weighted by the labor supply (competition) to that location.22 According to the AI, major employers in Visalia include VUSD, Kaweah Delta Medical Center, County of Tulare, Visalia Mall, and VF Corporation, all with over 1,000 employees. Job proximity, access to employment opportunities, is highest in the northwestern, southern, and central parts of the city and lowest in the northeastern and eastern parts of the city (Figure 39). Major employers identified in the AR are generally located in western, central, and southern Visalia, which corresponds with areas that have higher employment opportunities. The northwestern part of the city is predominantly zoned for industrial land uses and the southern part of the city has a large area zoned regional commercial. Overall, job proximity in Visalia decreases relative to the distance from those areas, with the lowest job proximity scores in the northeastern and eastern areas of the city. Areas with the lowest job proximity scores are predominantly zoned single-family residential with no land zoned for industrial uses and minimal land zoned for commercial uses compared to areas with greater job proximity. Areas with highest proximity to jobs, such as the northwestern and southern area of the city have the highest TCAC economic outcome scores (Figure 38) and lower rates of LMI populations (Figure 23) compared to other areas of the city with lower proximity to jobs.
Healthy and Safe Housing Environment
Healthy Environment in AFFH addresses disparities in access to environmentally healthy neighborhoods by protected class groups. An assessment of environmentally healthy neighborhoods can include air and water quality, safety, environmental hazards, social services, and cultural institutions. Recent California laws—Assembly Bill (AB) 1550, Senate Bill (SB) 535 and SB 1000—emphasize the importance of environmental justice as a fair housing issue.
Environmental Justice, according to HUD, means ensuring that all people have equal access to safe and healthy housing. HUD requires all entitlement jurisdictions to conduct reviews under the National Environmental Protection Act to determine if a proposed project creates adverse impacts due to environmental conditions. Under Executive Order 12898, Federally assisted projects may also target funding to communities that have disproportionately high and adverse human health impacts on minority and low-income populations due to environmental conditions.23 The California Office of Environmental Health Hazard Assessment developed CalEnviroScreen, a mapping tool that uses spatial data collected by various regulatory agencies (e.g., air quality indicators from the San Joaquin Valley Air Pollution Control District, monitored
22HUD, 2020. https://www.hud.gov/sites/dfiles/FHEO/documents/AFFH-T-Data-Documentation- AFFHT0006-July-2020.pdf
23 HUD, 2021. https://www.hudexchange.info/programs/environmental-review/environmental-justice/ 376
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chemical releases into the air or water table from Environmental Protection Agency, HUD socio- economic indicators, etc.).
The dataset uses a methodology to identify communities disproportionately burdened by exposures to pollution, environmental effects of existing pollutants in communities, among other indicators of sensitive populations or socioeconomic factors. Residents in census tracts with high CalEnviroScreen scores as compared to other California census tracts (shown as percentiles) are disproportionately burdened by pollution and are more vulnerable to related effects.
Regional Trends
The CalEnviroScreen map for Tulare County identifies the degree to which communities are considered burdened by pollution. CalEnviroScreen identified higher pollution burden in western Tulare County and lower pollution burden in northern and eastern Tulare County (Figure 40).
Similarly, the TCAC opportunity map indicates environmental outcomes in the western portion of the county are generally less positive and the environmental outcomes in the eastern portion of the county are the most positive (Figure 41).
Local Trends
Pollution burden is high throughout Visalia (Figure 42). The worst environmental outcomes are located in the northern and central parts of the city, especially within the downtown area south of Houston Avenue and north of Mineral King Avenue. Pollution burden caused by ozone and particulate matter (PM2.5) is high throughout the entire city. In the downtown and northeastern part of the city, higher pollution burden is caused by children’s lead risk from housing and cleanup sites. The northeastern part of the city has higher CalEnviroScreen scores than other parts of the city, not only due to high pollution burden but due to population characteristics, including a low birth rate, poverty, and unemployment, which indicate that residents in these areas are more vulnerable to pollution. Areas with the worst environmental outcomes correspond with areas that are predominantly Hispanic/Latino (Figure 12).
Similar to the CalEnviroScreen map, the TCAC opportunity map shows that environmental outcome scores vary across the city. The northeastern and southeastern parts of the city have higher environmental health scores, and lower environmental outcome scores are located in the northwestern, northern, central, and eastern parts of the city (Figure 43). 377
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Figure 40 CalEnviroScreen 4.0 Percentile Scores (Tulare County)
Source: AFFH Viewer, 2022
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Figure 41 TCAC Opportunity Areas - Environmental (Tulare County)
Source: AFFH Viewer, 2022
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Figure 42 CalEnviroScreen 4.0 Percentile Scores (Visalia)
Source: AFFH Viewer, 2022
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Figure 43 TCAC Opportunity Areas – Environment (Visalia)
Source: AFFH Viewer, 2022
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Opportunity Indices by Race/Ethnicity
HUD created the Opportunity Indices to inform communities about racial/ethnic segregation and disparities in access to opportunity.24 Table 79 provides opportunity indicator index scores (ranging from 0 to 100) for Visalia for each race/ethnicity, as described by the AI. The index scores are measured at the neighborhood level and are intended to inform communities about segregation and disparities in access to opportunity in their jurisdiction and compare the opportunity indicators rankings across racial/ethnic groups. Generally, higher index scores are indicative of greater access to opportunity. For example, the “low poverty index” captures the poverty rate within a given neighborhood; the higher the index score means the less exposure to poverty. A higher “jobs proximity” score means that residents have greater accessibility to employment locations within the larger region.25 Each index is measured using the following variables:
• Low Poverty: poverty rate by census tract.
• School Proficiency: the percentage of fourth-grade students testing proficient in reading and math within three miles of a census block group. • Jobs Proximity: the distance to all job locations from a given block group. • Labor Market Participation: the level of intensity of labor market engagement based upon the level of employment, labor force participation, and educational attainment by census tract.
• Low Transportation Cost: estimates of transportation costs of a family of three with an income at 50 percent of the median income for renters by census tract. • Public Transit Usage: estimates of transit trips taken by a family of three with an income at 50 percent of the median income for renters by census tract. • Environmental Health: the potential exposure to harmful toxins by census tract based upon US Environmental Protection Agency estimates.
Regional Trends
In the Visalia-Porterville Region, White, non-Hispanic residents typically have lower poverty rates, higher labor market participation, greater access to public transit and lower transportation costs, higher school proficiency levels, and are closer to employment centers compared to Black, Hispanic/Latino, and Asian/Pacific Islander residents (Table 79). Native American residents have high school proficiency levels, access to areas with fewer environmental concerns, and are close to employment centers. However, Native American residents have the lowest access to public transit and higher transportation costs among all racial/ethnic groups.
Compared to residents living above the poverty line, those living below the poverty line have lower school proficiency levels and lower labor market participation but greater access to public
24 HUD, 2020. https://www.hud.gov/sites/dfiles/FHEO/documents/AFFH-T-Data-Documentation- AFFHT0006-July-2020.pdf
25 Urban Institute, 2018.
https://www.urban.org/sites/default/files/publication/98674/place_and_opportunity_brief_3.pdf 382
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transit and lower transportation costs. Asian/Pacific Islander and White, non-Hispanic residents living below the poverty line have lower poverty rates, higher school proficiency levels, and higher labor market participation rates compared to Black and Hispanic/Latino residents.
Local Trends
In Visalia, non-Hispanic White residents have greater accessibility to areas with fewer environmental health concerns, higher labor market participation, and lower poverty rates (Table 80). In comparison, Hispanic/Latino populations have greater access to public transit and lower transportation costs, but are farther from employment centers, have lower levels of school proficiency, and greater exposure to environmental health concerns. Black/African American populations have greater access to public transit and lower transportation costs and are closer to employment centers, but have lower levels of school proficiency and greater exposure to environmental health concerns. Asian/Pacific Islander residents have higher levels of school proficiency and higher transportation costs. Most opportunity scores are lower for residents earning an income below the federal poverty level compared to the total population in Visalia.
Residents who earn an income below the poverty level in Visalia have varied opportunity index scores, but primarily have lower labor market participation, lower levels of school proficiency, and higher poverty rates, except for Asian/Pacific Islander populations.
Compared to the Visalia-Porterville Region, Visalia scored slightly higher for low poverty rates, school proficiency, labor market participation, jobs proximity, low transportation cost, and access to public transit, but have greater environmental health concerns. Across racial groups, opportunity indicator trends in Visalia are similar to the greater Visalia-Porterville Region.
However, all non-White populations in the region have notably worse opportunity scores for every indictor except for environmental health than in the city of Visalia. Across the region, residents earning an income below the poverty level scored slightly lower for low poverty opportunity scores, school proficiency, and labor market, compared to the total population. 383
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Table 79
Opportunity Indicators by Race/Ethnicity
Visalia-Porterville Region
2020
Total Population
Low Poverty
Index
School
Proficiency Index
Labor
Market Index Transit Index
Low
Transportation
Cost Index
Jobs
Proximity Index
Environmental
Health Index
White, Non-
Hispanic
34.45 33.80 32.02 36.91 21.88 45.88 28.04
Black, Non-
Hispanic
28.22 32.77 26.04 41.02 26.48 41.12 20.10
Hispanic 20.51 23.20 20.34 40.28 21.83 41.37 31.30
Asian or Pacific
Islander, Non-
Hispanic
29.44 31.62 30.36 41.21 22.71 44.33 26.52
Native American,
Non-Hispanic
32.41 39.47 24.10 34.67 18.51 44.07 40.69
Population below federal poverty line
White, Non-
Hispanic
24.54 27.32 22.97 38.85 23.95 49.26 28.70
Black, Non-
Hispanic
17.16 27.09 15.92 43.00 28.30 37.28 21.65
Hispanic 13.97 19.57 15.49 41.85 22.28 44.67 34.07
Asian or Pacific
Islander, Non-
Hispanic
27.91 36.06 33.00 44.11 23.87 41.38 26.10
Native American,
Non-Hispanic
28.91 24.81 24.68 38.27 19.07 34.22 33.02
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Table 80
Opportunity Indicators by Race/Ethnicity
Visalia
2020
Total Population
Low Poverty
Index
School
Proficiency Index
Labor
Market Index Transit Index
Low
Transportation
Cost Index
Jobs
Proximity Index
Environmental
Health Index
White, Non-
Hispanic
44.91 43.96 45.62 44.80 28.96 49.69 11.85
Black, Non-
Hispanic
36.54 38.69 38.46 46.98 31.69 51.51 10.26
Hispanic 35.56 36.44 37.73 47.75 30.78 46.24 10.30
Asian or Pacific
Islander, Non-
Hispanic
38.94 41.14 41.99 46.63 28.37 48.30 11.58
Native American,
Non-Hispanic
38.57 39.19 39.07 46.21 3094 49.11 10.66
Population below federal poverty line
White, Non-
Hispanic
31.88 35.37 32.17 46.98 33.48 50.05 9.33
Black, Non-
Hispanic
37.77 35.07 33.21 44.67 29.88 44.93 10.92
Hispanic 22.97 30.04 24.65 50.93 34.80 44.74 7.99
Asian or Pacific
Islander, Non-
Hispanic
40.70 52.98 53.91 50.66 29.69 46.09 12.08
Native American,
Non-Hispanic
37.05 18.21 35.46 41.88 23.65 25.94 13.55
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Disproportionate Housing Needs
Disproportionate housing needs refers to a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need, or the total population experiencing that category of housing need in the applicable geographic area.
To analyze the extent of disproportionate housing needs, this section reviews data on housing cost burden and severe housing cost burden, overcrowding, homelessness, and substandard housing conditions. Information for this section relies on HUD CHAS data.
Housing Cost Burden
Housing cost burden is defined as the proportion of a household’s total gross income spent on housing costs. Households that spend at least 30 percent of their total gross income on housing costs (rent, mortgage, utilities, and other housing-related costs) are considered “cost burdened,” and households spending over 50 percent on housing costs are considered “severely cost burdened.” The higher the housing cost burden, the more likely residents are to live in overcrowded and substandard conditions and are less likely to afford to relocate. Low-income households and persons in protected classes disproportionately experience severe housing problems.
Regional Trends
Cost burden (spending more than 30 percent of household income on housing costs) by homeowners and renters is high throughout Tulare County (Figure 44). Cost burden by homeowners is lowest in and surrounding the cities of Visalia and Porterville where between 20 and 40 percent of homeowner households are cost burdened. In all other parts of the county between 40 and 60 percent of homeowners are cost burdened. For renter households, between 40 and 60 percent of households are cost burdened throughout most of the county (Figure 45).
The highest rates of overpayment by renters are located in more urban areas. In parts of the cities of Porterville, Visalia, Exeter, and Lindsay between 60 and 80 percent of renters are overpaying for housing.
Local Trends
Cost burden is more prevalent among renter households than owner households in Visalia (Figure 47). The highest rates of overpaying for housing among homeowners is in the northeastern part of the city as well as several census tracts in the central part of the city where between 40 and 60 percent of homeowners are overpaying for housing. The downtown area has the lowest percentage of homeowners that are cost burdened, with less than 20 percent of owner households that are cost burdened. Northern, southern, eastern, and areas within central parts of the city have the highest percentage of renter households that are cost burdened, between 40 and 60 percent (Figure 46). In one census tract in the middle of the city (Census Tract 18), 60 percent of renter households are cost burdened, the highest rate in the city. 386
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Approximately 34 percent of total households in Visalia are cost burdened and 14 percent of households are severely cost burdened (Table 81) (2019 CHAS). Generally, a higher percentage of renter-occupied households are cost burdened among all income levels. In addition, the percentage of households experiencing cost burden generally increases as income decreases.
Extremely low-, very low-, and low-income households experience cost burden at disproportionately high rates compared to moderate and above moderate-income households for both renter and owner households. Approximately 84 percent of all extremely low-income households are cost burdened, while only nine percent of moderate and above moderate-income households are cost burdened.
Table 81
Assistance Needs of Lower-Income Households
Visalia
2015-2019
Household by Tenure,
Income, and Housing
Problem
Renters Owners Total Household s
Total Percent Total Percent Total Percent
Extremely low-income
(0-30% AMI)
3,460 1,780 5,240
With any housing
problem
2,960 85.5% 1,430 80.3% 4,390 83.8%
With cost burden >30% 2,960 85.5% 1,415 79.5% 4,375 83.5% With cost burden >50% 2,280 65.9% 1,275 71.6% 3,555 67.8% Very low-income (31-
50% AMI)
2,850 2,000 4,850
With any housing
problem
2,530 88.8% 1,210 60.5% 3,740 77.1%
With cost burden >30% 2,325 81.6% 1,165 58.3% 3,490 72.0% With cost burden >50% 830 29.1% 745 37.3% 1,575 32.5%
Low-income (51-80%
AMI)
3,520 3,850 7,370
With any housing
problem
2,205 62.6% 2,350 61.0% 4,555 61.8%
With cost burden >30% 1,965 55.8% 2,305 59.9% 4,270 57.9% With cost burden >50% 290 8.2% 245 6.4% 535 7.3%
Moderate & Above
Income (>80% AMI)
7,610 18,180 25,790
With any housing
problem
1,495 19.6% 1,970 10.8% 3,465 13.4%
With cost burden >30% 925 12.2% 1,410 7.8% 2,335 9.1%
With cost burden >50% 65 0.9% 205 1.1% 270 1.0%
Total Households 17,440 25,810 43,250
With any housing
problem
9,190 52.7% 6,960 27.0% 16,150 37.3%
With cost burden >30% 8,175 89.0% 6,295 90.4% 14,470 89.6% With cost burden >50% 3,465 42.4% 2,470 39.2% 5,935 41.0% Note: Housing Problems: There are four housing problems in the CHAS data: 1) housing unit lacks complete kitchen facilities; 2) housing unit lacks complete plumbing facilities; 3) household is overcrowded; and 4) household is cost burdened. A household is said to ha ve a housing problem if they have any 1 or more of these 4 problems.
Cost burden: Monthly housing costs (including utilities) exceeding 30% of monthly income.
Severe cost burden: Monthly housing costs (including utilities) exceeding 50% of monthly income.
Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability St rategy (CHAS) ACS tabulation, 2015-2019 release
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Figure 44 Overpayment by Homeowners (Tulare County)
Source: AFFH Viewer, 2022
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Figure 45 Overpayment by Renters (Tulare County)
Source: AFFH Viewer, 2022
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Figure 46 Overpayment by Renters (Visalia)
Source: AFFH Viewer, 2022
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Figure 47 Overpayment by Homeowners (Visalia)
Source: AFFH Viewer, 2022
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Overcrowding
Overcrowding is defined as housing units with more than one person per room (including dining and living rooms but excluding bathrooms and kitchen) while severe overcrowding refers to more than 1.5 persons per room. Overcrowding is a measure to understand the needs of large families where there are five or more persons per household. Generally, large households have special housing needs due to lower per capita income and the need for housing with three or more bedrooms.
Some large households may not be able to accommodate high-cost burdens for housing and accept housing with too few rooms. Potential fair housing issues emerge if non-traditional households are discouraged or denied housing due to a perception of overcrowding. Household overcrowding reflects various living situations, including housing units that are inadequately sized to meet a household’s needs; the necessity or desire to have extended family members reside in an existing household; or unrelated individuals or families that share a single housing unit.
Not only is overcrowding a potential fair housing concern, but it can also potentially strain electrical systems in older housing that has not been updated or contribute to a perceived shortage of parking. As a result, some property owners/managers may be more hesitant to rent to large households, thus making access to adequately sized housing even more difficult.
According to local fair housing service providers and property managers, addressing the issue of large households is complex as there are no set of guidelines for determining the maximum capacity for a unit. Fair housing issues may arise from policies aimed to limit overcrowding that have a disparate impact on specific racial or ethnic groups with different preferences for housing size and/or ability to pay according to the household size standards identified.
Regional Trends
Tulare County has 31,988 large households (households with five or more people), approximately 22 percent of total households. A higher percentage of renter households (26 percent) are considered large households compared to owner households (19 percent).
Overcrowded housing is concentrated in the western half of Tulare County, closer to urban areas such as the cities of Visalia and Porterville (Figure 48). Overcrowding is highest in the northwestern and southwestern parts of the county, where over 20 percent of households are experiencing overcrowding. In the eastern half of the county, approximately three to four percent of households are overcrowded.
Local Trends
In Visalia, approximately 17 percent of all households are considered large households. Similar to the county, a higher percentage of renter households (21 percent) are considered large households, compared to owner households (14 percent). According to 2016-2020 ACS estimates, the average household size in Visalia is 2.99 persons, a slight decrease from 2010 when the city had an average household size of 3.01 persons. 392
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Household overcrowding in Visalia decreased by nearly six percent between 2000 to 2010 (Table 82). Between 2010 and 2020, household overcrowding increased by one percent, to about seven percent.
Table 82
Household Overcrowding
Visalia
2000-2019
Household by
Tenure, Income, and
Housing Problem
Owner-Occupied
Households
Renter-Occupied
Households Total Households
Total Percent Total Percent Total Percent
Year (2000) 19,428 11,513 30,941
Total Overcrowded
(>1.0 person/room)
1,292 6.7% 2,346 20.4% 3,638 11.8%
Severely
Overcrowded
(>1.5 persons/room)
648 3.3% 1,152 10.0% 1,800 5.8%
Year (2010) 24,271 14,718 38,989
Total Overcrowded
(>1.0 person/room)
994 4.1% 1,360 9.2% 2,354 6.0%
Severely
Overcrowded
(>1.5 persons/room)
209 0.9% 353 2.4% 562 1.4%
Year (2019) 25,950 17,917 43,867
Total Overcrowded
(>1.0 person/room)
854 3.3% 2,183 12.2% 3,037 6.9%
Severely
Overcrowded
(>1.5 persons/room)
267 1.0% 507 2.8% 774 1.8%
Source: Bureau of the Census, 2000 Census; American Community Survey, 2006 -2010 and 2016-2020, Table B25014.
Areas with a higher degree of overcrowded households are located north and south of downtown Visalia (Figure 49). The census tracts with the highest percent of overcrowded households are in northern Visalia. Census Tract 10.04 has 23 percent of households that are overcrowded and Census Tract 11 has 28 percent of households that are overcrowded. This area is primarily zoned single-family residential with public/institutional and general/retail commercial uses.
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Figure 48 Overcrowded Households (Tulare County)
Source: AFFH Viewer, 2022
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Figure 49 Overcrowded Households (Visalia)
Source: AFFH Viewer, 2022
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Housing Problems
HUD considers housing units to be “standard units” if they are in compliance with local building codes. Many federal and State programs use the age of housing as a factor to determine a community’s housing rehabilitation needs. Housing age can be an important indicator of housing condition in a community. Like any other tangible asset, housing is subject to gradual physical or technological deterioration over time. If not properly and regularly maintained, housing can deteriorate and discourage reinvestment, depress neighboring property values, and eventually impact the quality of life in a neighborhood. Typically, housing over 30 years old is more likely to have rehabilitation needs that may include replacing plumbing, roof repairs, foundation work, and other repairs. Housing units built before 1978 may have health risks such as lead-based paint and asbestos. Housing issues prompted by disrepair such as mold may elevate health conditions such as asthma.
According to federal law, “housing problems” refers to any of four housing issues: cost burden and severe cost burden, overcrowding, and substandard housing conditions.26 Substandard housing is defined as a housing unit lacking complete plumbing or kitchen facilities.
Regional Trends
Approximately 44 percent of total households in Tulare County are experiencing housing problems. About 26 percent of total households are experiencing severe housing problems.
According to 2016-2020 ACS estimates, Tulare County has approximately 1,452 substandard housing units which comprises approximately 1 percent of the total occupied units in the county.
Of the 1,452 substandard units, approximately 33 percent lack complete plumbing facilities and 67 percent lack complete kitchen facilities.
Approximately 63 percent of Tulare County’s housing stock was constructed prior to 1990 and is more than 30 years old. Due to their age, these units are potentially in need of repair and modernization improvements.
Local Trends
Approximately 37 percent of total households in Visalia are experiencing housing problems and 19 percent of total households are experiencing severe housing problems.
According to 2016-2020 ACS estimates, Visalia has 734 substandard housing units, which is approximately 2 percent of the total occupied units in the city. Of the 734 substandard housing units, approximately 32 percent lack complete plumbing facilities and 68 percent lack complete kitchen facilities.
26 See 80 FR 42271, p. 42354 (2015).
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Approximately 53 percent of Visalia’s housing stock was constructed prior to 1990 and is more than 30 years old. Due to their age, these units are potentially in need of repair and modernization improvements.
Persons Experiencing Homelessness
Regional Trends
According to the Kings and Tulare County 2022 point-in-time (PIT) count, 1,297 persons experiencing homelessness were recorded in the two counties, representing a 5 percent decrease since 2020.27 In Tulare County alone, 922 persons experiencing homelessness were recorded in 2022, a slight decrease from 992 persons recorded in 2020. Factors contributing to the decrease in homelessness include new PIT methodology, potential increase in the number of persons experiencing homelessness who were living in their vehicles which is more difficult to count, and large efforts by some jurisdictions to disperse homeless encampments which makes accurate PIT count challenging.
State law (Government Code Section 65583(a)(7)) requires municipalities to address the special needs of persons experiencing homelessness within their boundaries. “Homelessness,” as defined by HUD, describes the condition of an individual, who is not imprisoned or otherwise detained, who:
• Lacks a fixed, regular, and adequate nighttime residence; and • Has a primary nighttime residence that is:
• A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill);
• An institution that provides a temporary residence for individuals intended to be institutionalized; or
• A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
The 2022 PIT found that 42 percent of the persons experiencing homelessness in Tulare County had a disability. Approximately 47 percent of persons identified experiencing homelessness in Tulare County were Hispanic/Latino.
Local Trends
Visalia experienced the greatest change in the number of persons identified as experiencing homelessness out of all cities in Kings County and Tulare County—540 individuals in 2020 to 469 in 2022, a 15 percent decrease. Although the number of homeless residents decreased from 2020 to 2022, homelessness has increased by 34 percent from 2012 to 2022. The number of persons experiencing homelessness in Visalia in 2022 accounted for 47 percent of the total persons experiencing homelessness in Tulare County. Approximately 36 percent of persons
27 Kings/Tulare Homeless Alliance. 2022. Point in Time. https://www.kthomelessalliance.org/pit 397
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experiencing homelessness in Visalia had a disability and 48 percent were Hispanic/Latino. To accommodate residents experiencing homelessness, Visalia currently has a 100-bed low-barrier navigation center under construction, has a 22-bed transitional housing facility, and has 122 permanent supportive housing units. The shelter capacity for homeless residents is far lower than the number of homeless residents, indicating there is a need for more transitional and permanent supportive housing.
Displacement
Displacement, as defined by HCD, is used to describe any involuntary household move caused by landlord action or market changes. Shifts in neighborhood composition are often framed and perpetuated by established patterns of racial inequity and segregation. Movement of people, public policies, and investments, such as capital improvements and planned transit stops, and flows of private capital can lead to displacement. Displacement is fueled by a combination of rising housing costs, rising income inequality, stagnant wages, and insufficient market-rate housing production. Decades of disinvestment in low-income communities, coupled with investor speculation, can result in a rent gap or a disparity between current rental income of the land, and potentially achievable rental income if the property is converted to its most profitable use.
These processes can disproportionally impact people of color, as well as lower income households, persons with disabilities, large households, and persons at-risk or experiencing homelessness.28
Communities are designated “sensitive” and vulnerable to displacement if the share of very low- income residents is greater than 20 percent and have any of the two following characteristics:
the share of renters is above 40 percent, the share of people of color is above 50 percent, the share of very low-income households that are severely rent burdened is above the county median, or the percent change in rent is above the county median for rent increases.
Regional Trends
Most communities in the western part of the county are considered “sensitive communities,” which means they are vulnerable to displacement (Figure 50).29 There are no sensitive communities in the eastern part of the county. Most cities within Tulare County are considered sensitive communities.
Local Trends
Several communities within Visalia are considered vulnerable to displacement (Figure 51).
Sensitive communities are concentrated in central and northeastern parts of the city. Vulnerable areas in Visalia also have higher poverty rates (Figure 28), overpayment by owners (Figure 47) and renter households (Figure 46), and are more likely to have predominant Hispanic/Latino
28 HCD. 2021. https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27- 2021.pdf
29 Urban Displacement Project, 2021. https://www.urbandisplacement.org/maps/sf-bay-area- gentrification-and-displacement/
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populations (Figure 10). Displacement risk is lower in most parts of the city, however very low- income households (0 to 50 percent AMI) in Census Tract 12 are at risk of displacement (Figure 52). This census tract is considered an R/ECAP with the highest poverty rates in the city and is predominantly Hispanic/Latino. Approximately 62 percent of households in this census tract are low income and the median household income is $29,310, much lower than the city’s overall median household income of $66,668. Eighty percent of residents in Census Tract 12 are Hispanic/Latino and 28 percent of residents speak English less than very well. This census tract consists of primarily renter households, 81 percent, and has high rates of overcrowding (Figure 49) and high rates of cost burden among renters (Figure 46).
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Figure 50 Sensitive Communities (Tulare County)
Source: AFFH Viewer, 2022
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Figure 51 Sensitive Communities (Visalia)
Source: AFFH Viewer, 2022
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Figure 52 Displacement Risk (Visalia)
Source: AFFH Viewer, 2022
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Local Area Knowledge
Historic Patterns of Segregation
Patterns of racial segregation are the byproduct of local and federal policies, private housing discrimination, and community prejudice. To understand present challenges to fair housing, it is necessary to review the history of actions that have led to regional patterns of segregation.
The first inhabitants in the San Joaquin Valley and Tulare County were the Yokut-speaking tribes, composed of approximately 50 groups who spoke various dialects. Mexican ranches and American settlers gained prominence in the 1800s and raised animals. After the U.S. annexed California in 1848, the federal government sold vast tracts of land to the Southern Pacific Railroad Company as well as large-scale timber, ranching, and farming interests, ignoring and overriding the property rights of Mexican and Indigenous landholders. Many Native American tribes were forced to give up their land and live on reservations.30 When gold was discovered in 1848, thousands of prospectors came to the San Joaquin Valley as part of the California Gold Rush, and with them they brought diseases that quickly decimated the Native American population.31
Chinese and Japanese immigrants, originally brought to California by the Gold Rush and later to work on the Southern Pacific Railroad, began to work as farm laborers throughout the San Joaquin Valley. However, resentment towards Chinese and Japanese immigrants, especially by jobless white residents, led to farms recruiting Black/African Americans from the southern U.S. to replace them as farm laborers. Many Black/African Americans began by working in the fields and vineyards and eventually transitioned from farm labor to living in the cities and towns.32 Racist sentiment from white residents permeated all aspects of life in the region. In the mid- 1920s, Tulare County was a major bastion of the racist organization known as the Ku Klux Klan, which terrorized and subverted the political and civic rights of non-white residents.33 In the 1930s, nearly half a million people migrated to California from across the United States during what was known as the “Dust Bowl.” Many of these people moved to California in hopes of working in the agricultural industry, but were forced to take temporary and transient work, leaving them with little choice but to form makeshift camps near roadsides and ditches, without access to housing, clean water, and sanitation. These conditions reinforced existing desires by the white population, generally, for economic and racial segregation, leaving migrant
30 PolicyLink. Facing History, Uprooting Inequality: A Path to Housing Justice in California. https://www.policylink.org/sites/default/files/pl_report_calif-housing_101420a.pdf 31 Tule River Indian Tribe of California. 2018. Tule River History. https://tulerivertribe-nsn.gov/history/ 32 Michael Eissinger. 2009. The Transplantation of African Americans And Cotton Culture To California’s Rural San Joaquin Valley During The Nineteenth And Twentieth Centuries. https://meissinger.com/uploads/3/4/9/1/34919185/transplantation_of_african_americans_and_cotton_ culture_to_californias_rural_san_joaquin_valley.pdf
33 Newell G. Bringhurst. 2000. The Ku Klux Klan in a Central California Community: Tulare County During the 1920s and 1930s. Southern California Quarterly Vol. 82, No. 4 (Winter 2000), pp. 365-396 (32 pages)
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farmworkers without access to medical treatment and education. When World War II created a need for manufacturing labor, many of the white “Dust Bowl” workers relocated to other cities in California, such as San Francisco, Los Angeles, and San Diego, leaving a gap in farm labor.34 Japanese, Punjabi, and Filipino people, as well as Black/African Americans from cotton regions, filled the void. Japanese residents, however, were forcibly relocated to internment camps from 1942 to 1946.35
In 1942, the federal government initiated the Bracero program, which enabled growers to replenish their labor supply with workers imported from Mexico. While the Bracero program ended in 1964, growers continue to rely on Mexican nationals to work California’s lucrative “factories in the fields.” Migrants today confront multiple social, environmental, and access issues, including affordable, safe, and sanitary housing.36 Increasingly after the first World War, to circumvent the US Supreme Court ban on outright racial zoning, local governments implemented other forms of exclusionary zoning that avoided direct mention of race but kept low-income people of color out by marshalling land use regulations against them. Through residential zoning that mandates larger parcel sizes for single-family homes, typically unaffordable to people of color, wealthier households established and maintained mostly white neighborhoods throughout California. The federal government subsidized white homeownership and wealth-building and excluded people of color.
Throughout the state, but particularly concentrated in inland areas, cities have used their annexation power to reinforce patterns of racial exclusion and segregation. Since the 1960s, as cities expanded and selectively annexed land, they deliberately bypassed and grew around communities of color in unincorporated neighborhoods, the very places people of color were relegated to by restrictive covenants. This selective annexation process has left hundreds of disadvantaged unincorporated places, disproportionately of color, without the most basic elements of a healthy, safe community, such as utilities, sanitation, safe drinking water, and other critical community services. Restrictive covenants, exclusion, and racial violence pushed Black/African American and low-income people of color to settle outside of towns. In places throughout the San Joaquin Valley and on the fringes of cities such as Fresno, Bakersfield, Stockton, Tulare, and Modesto, such communities of color were left unincorporated and without access to incorporated areas’ tax revenues or infrastructure.37 Exclusionary post-war development started moving further from city centers, and within time, these communities often created their own civic and utility districts, which redistributed investment away from cities, in a movement known as “White Flight.”
34 Christy Gavin, California State University, Bakersfield. California Odyssey: Dust bowl migration archives. https://www.csub.edu/library/_files/DB_files/OkieHealth.pdf 35 History.com. Japanese Internment. https://www.history.com/topics/world-war-ii/japanese-american- relocation
36 Christy Gavin, California State University, Bakersfield. California Odyssey: Dust bowl migration archives. https://www.csub.edu/library/_files/DB_files/OkieHealth.pdf 37 PolicyLink. Facing History, Uprooting Inequality: A Path to Housing Justice in California. https://www.policylink.org/sites/default/files/pl_report_calif-housing_101420a.pdf 404
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Across the United States, redlined and marginalized communities faced a higher propensity for environmental hazards that affects current populations. Residents of historically redlined neighborhoods located in cities with oil and gas production have disproportionately high exposure to oil and gas wells, compared to higher graded neighborhoods. Exposure disparities have implications for community environmental health, as the presence of active and abandoned (i.e., postproduction) wells have been shown to contribute to ongoing air pollution.
The agricultural industry continues to play a large role in the economy and development patterns of Tulare County. Small predominantly Hispanic/Latino communities, such as the Matheny Tract near the City of Tulare, were once home to thousands of Black/African American farm workers, and today remain isolated from other areas of the county. Areas such as these have high rates of poverty and experience disproportionately high pollution burden.38 Incorporation and annexation has continued to be a disparity issue in the county, where incorporated municipalities tend to have more control over land use, decision-making, infrastructure budgeting, and the ability to address environmental concerns.
Stakeholder and Community Input
A community workshop was held on March 15, 2023. Common concerns raised by participants included the need for increased transit access and capacity in the city, particularly connecting residential areas to job centers, the need for increased outreach and incentives for the development of accessory dwelling units (ADUs) as affordable housing options, and the need for rehabilitation of older housing units, especially in areas annexed from the County (e.g., county tracts collectively referred to as “Birdland” in the northern part of Visalia). In addition, feedback showed there is community interest in the development of “neighborhood nodes” described in the City’s General Plan, which are compact neighborhoods that blend housing with commercial, office, and public uses. Community members also stated that community opposition is a barrier to the development of affordable housing in existing neighborhoods.
Other Relevant Factors
Other factors to fair housing issues in Visalia that have not been previously discussed in this analysis include potentially discriminatory lending practices, high percent of residents with limited English proficiency, and lack of sufficient farmworker housing.
The AI identified the following fair housing issues:
• High cost of home ownership
• Not enough affordable housing overall
• Lack of affordable housing options for large households • Lack of low barrier housing and support services for persons experiencing homelessness
38 Jose Del Real. 2019. How Racism Ripples Through Rural California’s Pipes. https://www.nytimes.com/2019/11/29/us/water-racism-california.html 405
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• Rental discrimination towards persons experiencing homelessness • Lack of short-term/transitional housing
• Not enough affordable housing for seniors
• Lack of resources/funding for services for low-income, disadvantaged populations, including youth
• Lack of affordable units in a range of housing types
• Lack of funding opportunities for purchasing mobile homes • Dominance of single-family housing (which makes up 78 percent of housing stock) Lending Practices
According to the AI, Non-White residents are underrepresented in the number of home loan applications and are approved for loans at a lower rate compared to White residents within the same income category. Native American and Native Hawaiian/Pacific Islander applicants in the lower- and moderate-income categories received no loan approvals in 2019. Lower-income applicants are also denied at greater rates than middle and upper-income applicants. Middle- and upper-income census tracts are approved for loans more frequently than lower- and moderate-income census tracts.
Limited English Proficiency
Language barriers can lead to linguistic and cultural isolation. According to the AI, areas within the northwest and central parts of Visalia have greater than 25 percent of residents with limited English proficiency. In 2020, approximately 34 percent of the population over the age of five speak a language other than English and 12 percent of the population speak English less than very well. The most common language spoken besides English is Spanish, spoken by 30 percent of the population.
Farmworker Housing
Farmworkers are traditionally defined as persons whose primary incomes are earned through permanent or seasonal agricultural labor. Permanent farm laborers work in the fields, processing plants, or related activities on a generally year-round basis. When workload increases during harvest periods, the labor force is supplemented by seasonal labor, often supplied by a labor contractor. Farmworkers often have unique housing needs due to their limited income and seasonal/migratory work. As a result, many farmworkers reside in substandard and crowded living conditions. The United States Bureau of Labor Statistics estimates that there were 21,220 people employed in farming, fishing, and forestry occupations throughout the Visalia-Porterville region in 2021. The Housing Authority of Tulare County (HATC) operates two farmworker housing developments in Visalia. The Linnell Farm Labor Center outside and east of Visalia provides 191 units for agricultural workers and their families and the La Puente Apartments inside Visalia provide 15 affordable units.
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Housing Choice Vouchers
The Housing Authority of Tulare County administers the Housing Choice Vouchers program. The Housing Choice Voucher (HCV) program provides assistance to rent-burdened residents and will continue to seek opportunities to increase rental assistance and reduce overpayment. The federal CDBG funds are allocated to meet the following goals to primarily benefit low to moderate income residents:
• Public service activities for low- and moderate-income households • Rehabilitation of existing housing stock
• Enhanced public services
• City and nonprofit capital improvements/ infrastructure • Program and planning administration, including fair housing According to the AI, 1,003 HCVs were in use in Visalia in 2019. Approximately 37 percent of vouchers were used by disabled families. The average annual income for households using HCVs was $22,366. The Housing Authority of Tulare County provides 179 Public Housing units in Visalia.
An estimated 11,931 households are on the waiting list for the HCV program in Tulare County, 99 percent of which are certified as low income. The Public Housing units in Visalia have 7,532 households on the waiting list. Approximately 71 percent of those households are extremely low income and 21 percent are low income. Most households on the waiting list are families with children (55 percent) and the majority identify as Hispanic/Latino (60 percent).
Areas of the city with the highest percentage of households using HCVs, between 5 and 15 percent, are primarily located in northeast and southern parts of the city (Figure 53). The census tract with the highest percentage of households using HCVs is Census Tract 20.08, located in western Visalia, with approximately 15 percent of households using HCVs.
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Figure 53 Housing Choice Vouchers
Source: AFFH Viewer, 2022
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Housing Sites Inventory Analysis
This portion of the AFFH analyzes the relation between the housing opportunity sites and AFFH- related issues. Government Code Section 65583(c)(10) requires the housing opportunity sites to be analyzed with respect to AFFH to ensure that sites designated for low-income households are dispersed equitably throughout the city rather than concentrated in areas of high segregation and poverty or low-resource areas that have historically been underserved, and conversely, that sites designated for above moderate-income households are not concentrated in areas of high resources. By comparing the sites inventory to the fair housing indicators in this assessment, this section analyzes whether the sites included in the Housing Element sites inventory improve or exacerbate fair housing conditions, patterns of segregation, and access to opportunity.
Housing Sites by TCAC Opportunity Area
For purposes of evaluating fair housing, resource levels designated by TCAC/HCD denote access to economic and educational opportunities such as low-cost transportation, jobs, and high- quality schools and the quality of environmental factors in the area such as proximity to hazards and air quality. TCAC has a composite opportunity score for each census tract. Most of Visalia is considered “high resource” and “highest resource.” Two census tracts near the center of the city are considered “moderate resource.” Areas in downtown Visalia are considered areas of high segregation and poverty and north of downtown is considered “low resource.” Figure 54, Figure 55, Figure 56, and Figure 57 show the housing opportunity sites by TCAC- designated resource area. The housing opportunity sites are designated by income category – whether the sites could accommodate housing appropriate for low-, moderate-, or above moderate-income households. The “appropriateness” of sites for various affordability levels is dictated by state Housing Element Law and HCD guidance and is determined by site characteristics such as allowable density, size of site, realistic capacity, existing use(s). More information about the sites and income designations is available in Chapter 4: Site Inventory and Analysis.
Most of the housing opportunity sites are in high- and highest-resource areas (89 percent of the proposed housing units) in Visalia, in part due to the availability of large and vacant and underutilized parcels in these areas.
A small portion of the City’s RHNA will be satisfied by planned and approved projects (1,063 of the total required 10,791 housing units). Planned and approved projects will add 468 very low- income units, 877 low-income units, and one moderate-income unit. Three of the 11 planned and approved projects are in low-resource areas (317 housing units) and the remaining eight projects are in highest-resources areas (1,030 housing units). None of the planned or approved projects are in moderate-resource areas or areas of high segregation and poverty. 409
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Total Units by Resource Area
Since Visalia’s RHNA is not evenly divided between income levels, it is helpful to review units by location as a percent of the total for each income level. There are 1,367 units planned in areas of high segregation and poverty and low resource. Approximately 80 percent of those units (1,099 units) will be lower-income units, eight percent (103 units) will be moderate-income units, and three percent (165 units) will be above moderate-income units. There are 12,589 units planned in areas designated moderate- and high/highest-resource. Approximately 48 percent of those units (6,104 units) will be lower-income units, 13 percent (1,654 units) will be moderate-income units, and 38 percent (4,831 units) will be above moderate-income units.
Table 83 shows the number of proposed housing units by income level in each resource area.
Table 83
Proposed Housing Units by Resource Area
Visalia
2020
Income Level Lower-Income Moderate-Income Above-Moderate Income Total Units Areas of High
Segregation and
Poverty
480 units
(7% of lower-
income units)
26 units
(1% of moderate-
income units)
12 units
(<1% of above moderate-
income units)
518 units
Low-Resource 619 units
(9% of lower-
income units)
77 units
(4% of moderate-
income units)
153 units
(3% of above moderate-
income units)
849 units
Moderate-
Resource
115 units
(2% of lower-
income units)
38 units
(2% of moderate-
income units)
133 units
(3% of above moderate-
income units)
286 units
High-/Highest-
Resource
5,989 units
(83% of lower-
income units)
1,616 units
(92% of moderate-
income units)
4,698 units
(94% of above moderate-
income units)
12,212 units
The proposed housing units described in Table 83 demonstrate that overall housing development during the planning period will not increase patterns of segregation and will increase integration by household income in terms of access to opportunity. This is due to the fact that planned and approved projects, together with the housing opportunity sites, will add a higher percentage of lower-income units in high and highest resource areas (83 percent) than areas with high segregation and poverty and low resource or moderate resource areas (seven percent, nine percent, and two percent, respectively), as shown in Table 83. 410
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Figure 54 Housing Opportunity Sites by TCAC Resource Area (Northeast Visalia)
Source: AFFH Viewer, 2023
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Figure 55 Housing Opportunity Sites by TCAC Resource Area (Northwest Visalia)
Source: AFFH Viewer, 2023
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Figure 56 Housing Opportunity Sites by TCAC Resource Area (Southeast Visalia)
Source: AFFH Viewer, 2023
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Figure 57 Housing Opportunity Sites by TCAC Resource Area (Southwest Visalia)
Source: AFFH Viewer, 2023
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Sites by Income and Income Population
Census tracts with median household incomes less than the city’s overall median household income ($66,668) are primarily located in Northeast and Southeast Visalia. Approximately 65 percent of the total housing units included in the opportunity sites are in these two neighborhoods due to the availability of underutilized sites in these areas and the potential for mixed-use, transit-oriented development. Approximately 36 percent of the low-income units, 64 percent of the moderate-income units, and 75 percent of the above moderate-income units are in Northeast and Southeast Visalia. Of the opportunity sites in these areas, approximately 26 percent of proposed units are appropriate for above moderate-income households, 16 percent appropriate for moderate-income households, and 58 percent for low-income households.
Northeast and Southeast Visalia will benefit from the mix of households of differing income levels. The Sites Inventory will improve the mixture of housing opportunities by income level in the city and will not exacerbate segregation by income between neighborhoods.
Census tracts with more than 50 percent LMI households are scattered within Northeast, Southeast, and Southwest Visalia. Most of the opportunity sites are in areas with less than 50 percent LMI households (Figure 58, Figure 59, Figure 60, and Figure 61). Sites accommodating a total of 926 housing units are proposed in areas with more than 50 percent LMI households.
For the opportunity sites in these areas, approximately 32 percent of proposed units are appropriate for above moderate-income households, 13 percent appropriate for moderate- income households, and 55 percent for low-income households. These areas will benefit from a mix of households at all income levels. The housing sites inventory in these areas includes 507 lower-income housing units, (less than 9 percent of total lower-income housing units). In comparison, opportunity sites in areas with less than 25 percent LMI households accommodate 1,104 lower-income housing units (approximately 19 percent of all lower-income housing units).
The sites inventory will improve the mixture of housing opportunities by income level in the city and will not exacerbate segregation by income between neighborhoods.
Sites by Overcrowded Households
Census tracts with high rates of overcrowded households are concentrated in Northeast Visalia.
This neighborhood has a mixture of low-, medium-, and high-density residential development, alongside commercial and industrial land uses. The Sites Inventory assumes that sites in Northeast Visalia could accommodate 3,293 housing units, of which 605 would be lower-income, equal to approximately 5 percent of the total housing units included in the Sites Inventory and 10 percent of the total lower-income housing units. The remaining 2,066 low-income housing units could be accommodated in Northwest, Southeast, and Southwest Visalia which have lower levels of overcrowding. The Sites Inventory will not exacerbate overcrowding conditions but will add new housing opportunities in areas that need them.
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Sites by Overpayment by Renters
The percentage of overpayment by renters is high throughout Visalia. The highest rates of overpayment by renters are concentrated in Southeast and Southwest Visalia, where up to 60 percent of renters are experiencing overpayment. Figure 64, Figure 63, Figure 64, and Figure 65 show the housing opportunity sites according to overpayment by renters. The housing opportunity sites will provide housing opportunities for a mix of income levels in these neighborhoods, including 1,451 units appropriate for lower-income households, 640 units appropriate for moderate-income households, and 1,420 units appropriate for above-moderate- income households. Most of these housing units will likely be rental units, based on trends in planning entitlements and developer interest. According to the Urban Displacement Project (UDP), new market-rate construction in gentrifying areas neither worsens nor eases rates of people moving out of the area. It will increase rates of people moving to Visalia across all socio- economic groups, particularly high socio-economic residents. The UDP recommends subsidized housing construction and housing preservation to help existing residents stay in their neighborhood.39 The mix of lower, moderate, and above moderate-income housing units in Southeast and Southwest Visalia will provide affordable housing options for existing lower- income residents as well as encourage higher-income households to move into the area. The Sites Inventory will not exacerbate overpayment by renters but will add new housing opportunities in areas that need them.
The City of Visalia and local non-profit organizations provide anti-displacement strategies, including preservation of existing affordable housing and assistance with free legal services for lower-income households facing displacement, and educational outreach. These activities work to counter potential impacts of gentrification for existing residents. The City contracts with Fair Housing Council of Central California (FHCCC) to conduct outreach to local tenants and landlords on housing rights and responsibilities and provide legal assistance and counseling.
39 Urban Displacement Project. 2022. New Development for Whom? How New Hou sing Production Affects Displacement and Replacement in the San Francisco Bay Area. https://www.urbandisplacement.org/wp-content/uploads/2022/03/IGS_1_New- Production_Brief_03.01.22.pdf
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Figure 58 Housing Opportunity Sites by Low- and Moderate-Income Households (Northeast Visalia)
Source: AFFH Viewer, 2023
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Figure 59 Housing Opportunity Sites by Low- and Moderate-Income Households (Northwest Visalia)
Source: AFFH Viewer, 2023
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Figure 60 Housing Opportunity Sites by Low- and Moderate-Income Households (Southeast Visalia)
Source: AFFH Viewer, 2023
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Figure 61 Housing Opportunity Sites by Low- and Moderate-Income Households (Southwest Visalia)
Source: AFFH Viewer, 2023
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Figure 62 Housing Opportunity Sites by Overpayment by Renters (Northeast Visalia)
Source: AFFH Viewer, 2023
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Figure 63 Housing Opportunity Sites by Overpayment by Renters (Northwest Visalia)
Source: AFFH Viewer, 2023
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Figure 64 Housing Opportunity Sites by Overpayment by Renters (Southeast Visalia)
Source: AFFH Viewer, 2023
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Figure 65 Housing Opportunity Sites by Overpayment by Renters (Southwest Visalia)
Source: AFFH Viewer, 2023
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Sites by Areas of Integration and Segregation
There is one R/ECAP in Visalia, located in Northeast Visalia. Most of Northeast Visalia has a slim to predominant majority of Hispanic/Latino residents and greater than 60 percent of non-White residents. Housing opportunity sites in Northeast Visalia accommodate a mix of income levels in areas that already have a diverse mix of ethnic and racial groups. Figure 66, Figure 67, Figure 68, and Figure 69 show the housing opportunity sites by percent of non-White residents. The Sites Inventory will not contribute to segregation based on race/ethnicity or income level.
As discussed in Chapter 2: Existing and Special Housing Needs Assessment, approximately 12 percent of the population has one or more disabilities. For persons with disabilities who live independently or with other family members, independent living can be supported with special housing features, financial support, and in-home supportive services. The location of housing is also an important factor for persons with mobility restrictions who rely on public transportation for travel. Northeast Visalia has the highest percentage of residents with disabilities, and 26 percent of the population in Census Tract 06107001200 has a disability. Housing opportunity sites in this Census Tract accommodate 392 lower-income units and 18 moderate-income units in areas with high walkability and in proximity to the Visalia Transit Center and other transit stops. This will allow more residents to live near transit and create housing opportunities for residents who are unable to drive.
Sites by Communities Vulnerable to Displacement
Areas with residents vulnerable to displacement are considered sensitive communities. Census tracts in Northeast, Southeast, and Southwest Visalia are considered sensitive communities.
Many opportunity sites in Northeast, Southeast, and Southwest Visalia are in areas considered to be vulnerable to displacement. Figure 70, Figure 71, Figure 72, and Figure 73 show the housing opportunity sites in relation to the location of sensitive communities. The Sites Inventory includes capacity for 632 units appropriate for lower-income households in census tracts that are vulnerable to displacement, approximately 11 percent of the total number of the proposed lower-income units accommodated by the opportunity sites. These lower-income units will provide affordable housing options for existing very low- and low-income residents that are at risk of displacement.
Sites by CalEnviroScreen Score
Most of the city has CalEnviroScreen scores above the 50th percentile (higher pollution burden), with the highest CalEnviroScreen scores in Northeast Visalia (Figure 42). The lowest CalEnviroScreen scores (lower pollution burden) are in Southeast and Southwest Visalia.
However, the entire city has a high pollution burden. Only one census tract, located in Southeast Visalia, has a CalEnviroScreen below the 50th percentile (Census Tract 6107001704 ranked 49th percentile). All of the housing units proposed by the Sites Inventory are located in census tracts with a CalEnviroScreen percentile score greater than 60, as most census tracts in the city 425
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received a score in the 60th percentile or above. Figure 74, Figure 75, Figure 76, and Figure 77 show the housing opportunity sites by CalEnviroScreen percentile score. Housing opportunity sites in Northeast Visalia accommodate 3,792 units appropriate for lower-income households, equal to approximately 65 percent of the total number of lower-income units. Housing opportunity sites in Southeast and Southwest Visalia accommodate 1,461 units appropriate for lower-income households, equal to approximately 25 percent of the total number of lower- income units. As previously referenced, pollution burden is high throughout the city and census tracts with CalEnviroScreen percentile scores greater than 90 percent are located in every neighborhood in the city. Every neighborhood also has census tracts with lower CalEnviroScreen percentile scores, less than 70 percent. Therefore, the Sites Inventory would not concentrate lower-income units in areas of higher pollution burden.
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Figure 66 Housing Opportunity Sites by Total Non-White Population (Northeast Visalia)
Source: AFFH Viewer, 2023
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Figure 67 Housing Opportunity Sites by Total Non-White Population (Northwest Visalia)
Source: AFFH Viewer, 2023
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Figure 68 Housing Opportunity Sites by Total Non-White Population (Southeast Visalia)
Source: AFFH Viewer, 2023
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Figure 69 Housing Opportunity Sites by Total Non-White Population (Southwest Visalia)
Source: AFFH Viewer, 2023
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Figure 70 Housing Opportunity Sites by Sensitive Communities (Northeast Visalia)
Source: AFFH Viewer, 2023
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Figure 71 Housing Opportunity Sites by Sensitive Communities (Northwest Visalia)
Source: AFFH Viewer, 2023
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Figure 72 Housing Opportunity Sites by Sensitive Communities (Southeast Visalia)
Source: AFFH Viewer, 2023
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Figure 73 Housing Opportunity Sites by Sensitive Communities (Southwest Visalia)
Source: AFFH Viewer, 2023
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Figure 74 Housing Opportunity Sites by CalEnviroScreen Score (Northeast Visalia)
Source: AFFH Viewer, 2023
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Figure 75 Housing Opportunity Sites by CalEnviroScreen Score (Northwest Visalia)
Source: AFFH Viewer, 2023
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Figure 76 Housing Opportunity Sites by CalEnviroScreen Score (Southeast Visalia)
Source: AFFH Viewer, 2023
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Figure 77 Housing Opportunity Sites by CalEnviroScreen Score (Southwest Visalia)
Source: AFFH Viewer, 2023
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Sites Analysis Data Summary
Table 84 summarizes the sites inventory by development priority area, sites, number of units by income level, and census tract characteristics.
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Table 84
Sites Inventory by Census Tract Characteristics
Visalia
2020
Census Tract Number
Number of Existing
Households
Sites Inventory Capacity (units) Total Households AFFH Indicators Low-Income
Moderate-
Income
Above
Moderate-
Income
Percent Non-
White
Average
Household
Median Income
TCAC
Opportunity Area
Percent
Overpayment by
Renters
Percent
Overcrowded
Households
Displacement
Sensitivity
CalEnviroScreen
Pollution Burden
Percentile (Tract)
Northeast
06107001302 2,138 2,743 275 635 72.11 $47,430 High Resource 53.9 7.20 89.57 06107001301 2,473 – 419 294 62.36 $63,659 High Resource 38.6 4.16 Sensitive 60.98 06107001200 543 392 18 – 66.21 $26,591 High Segregation & Poverty
41.5 0.00 93.15
06107001100 1,864 88 8 12 88.76 $31,616 High Segregation & Poverty
57.3 27.63 Sensitive 90.65
06107001004 1,972 304 76 152 94.37 $40,727 Low Resource 44.7 23.02 Sensitive 80.17 06107001003 5,086 265 16 98 56.6 $101,626 Highest Resource 49.2 5.88 98.34 Northwest
06107001005 896 – – 18 43.13 $90,114 Highest Resource 34.9 2.34 75.36 06107001704 2,072 – – 174 54.09 $72,817 High Resource 41.2 7.09 69.93 06107001003 5,086 605 304 2,192 56.6 $101,626 Highest Resource 49.2 5.88 98.34 Southeast
06107002007 2,522 250 224 128 55.25 $69,332 Highest Resource 46.3 1.86 80.87 06107001902 1,489 230 35 – 58.08 $54,046 Highest Resource 38 0.54 83.25 06107001901 1,252 23 – – 57.5 $60,854 Highest Resource 44.2 2.72 72.91 06107001800 1,683 81 8 – 69.14 $28,472 High Resource 60.2 5.05 89.76 06107001704 2,072 121 100 380 54.09 $72,817 Highest Resource 41.2 7.09 69.93 06107001703 2,395 211 127 239 46 $74,818 Highest Resource 56.6 2.88 76.69 06107001701 2,260 37 15 119 61.45 $49,944 Moderate
Resource
46.8 8.36 Sensitive 85.56
06107001003 5,086 – – 117 56.6 $101,626 Highest Resource 49.2 5.88 98.34 Southwest
06107002008 1,041 78 23 14 58.24 $33,969 Moderate
Resource
53.1 4.13 Sensitive 74.46
06107002007 2,522 238 108 173 55.25 $69,332 Highest Resource 46.3 1.86 80.87 06107002006 1,478 – – 139 42.47 $128,611 Highest Resource 32.5 0.00 91.25 06107002003 2,013 67 – 111 56.69 $61,567 Highest Resource 54.5 2.98 79.53 06107002002 1,645 125 – – 54.43 $59,844 High Resource 55.7 3.40 Sensitive 84.52 06107002008 5,858 1,756 4,995 58.24 $33,969 Moderate
Resource
53.1 4.13 Sensitive 74.46
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Contributing Factors and Meaningful Actions
State law (AB 686) requires the identification and prioritization of contributing factors to fair housing issues based on all the previously required analysis. This identification and prioritization must give highest priority to factors that limit or deny fair housing choice or access to opportunity or negatively impact fair housing or civil rights. AB 686 also requires identification of metrics or quantified objectives and milestones for determining what fair housing results will be achieved.
This section lists contributing factors that create, perpetuate, or increase the severity of one or more fair housing issues that were identified in the AI, community outreach, and the analysis in this document. Table 85 summarizes the identified fair housing issues, contributing factors to these issues, and meaningful actions the City will undertake to affirmatively further fair housing for special needs, racial/ethnic minority, and low-income residents.
Enforcement and Outreach
Contributing factors to enforcement and outreach in Visalia include:
• Language Barriers: Thirty-four percent of the population of Visalia speaks a language other than English. Housing information on the City’s website is provided in multiple languages and the FHCCC provides fair housing information in English and Spanish.
Segregation and Integration Patterns and Trends
Contributing factors to segregation and integration patterns and trends in Visalia include:
• Race-based housing discrimination: FHCCC conducted fair housing testing of rental properties in Visalia and found that African American testers faced discriminatory treatment 50 percent of the time. African American testers were told housing was unavailable and were denied the opportunity to view a dwelling unit, when these opportunities were given to Caucasian tester counterparts. African American testers were also given inferior information about rental opportunities, offered less favorable terms and conditions, and required to meet additional standards and qualifications compared to Caucasian testers. In addition, the AI identified potentially discriminatory language in housing advertisements related to income, religion, and household size. • Race and income based lending discrimination: The AI identified White home loan applicants received approvals at higher rates than all other races. In addition, based on HMDA data, loan approvals are dependent on income. Middle and upper-income applicants received approvals at higher rates than moderate and lower-income applicants.
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• Displacement of residents due to economic pressures resulting from displacement and gentrification: Home values and rents have increased significantly in Visalia over the past decade. Between 2015 and 2021, home value increased from $174,400 to $267,400 (53 percent increase) and median rent increased from $950 to $1,150 (21 percent increase) (2017-2021 ACS). In addition, about 34 percent of all households are cost burdened, meaning many households are paying too much for housing.
These trends indicate cost burdened and low-income households may be at risk of displacement if the cost of housing continues to rise.
• Land use and zoning patterns: Medium- and high-density residential zoning/land use designations are concentrated in downtown/central parts of Visalia. Residential zones/land use designations throughout the rest of the city primarily consist of low- density residential / single-family zoning.
• Location and type of affordable housing: Public and subsidized housing in Visalia is located in clustered areas around the city. The downtown/central area of the city has a high concentration of affordable housing developments.
Racially and Ethnically Concentrated Areas of Poverty
Contributing factors to racially and ethnically concentrated areas of poverty in Visalia include:
• Land use and zoning patterns: The majority of land zoned for housing within Visalia is single-family residential. Zones allowing multi-family residential development (median and high density residential) are spread throughout all quadrants of the city; however mixed-use zones, which also allow multi-family residential development at higher densities, are concentrated in the central parts of the city and downtown Visalia. The central part of the city is also predominantly Hispanic/Latino and has the lowest median household incomes in the city.
• Displacement of residents due to economic pressures: Rising costs of rent and rising home values put lower-income households at risk of displacement, forcing them to move to areas with lower rent and home values.
Disproportionate Housing Needs
Contributing factors to disproportionate housing needs in Visalia include:
• High housing costs: Home values and rent has increased significantly in Visalia over the past decade, which causes increased cost burden among homeowners and renters. According to 2015-2019 ACS estimates, approximately 34 percent of all households in Visalia are cost burdened.
• Lack of available affordable units in a range of sizes: The AI and demographic trends identified the need for affordable housing in a range of sizes, from one bedroom to three or more bedroom units, and to accommodate single person households as well as large households.
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• Lack of services and resources for at risk populations: The AI identified a lack of sufficient services for at risk populations, including residents experiencing or at risk of homelessness and displacement.
Disparities in Access to Opportunities
Contributing factors to disparities in access to opportunities in Visalia include:
• Limited transportation access: Some areas of the city are not in proximity to a transit/bus stop. Community feedback indicated there is a need for increased transit access and capacity, especially to job centers. In addition, regional connectivity between Visalia and other cities is limited.
• Lack of walkability: The central area of Visalia is considered the most walkable by the National Walkability Index. However, other parts of the city have low walkability. • Low-resource areas concentrated in downtown/central areas of Visalia:
Downtown/central areas of Visalia are considered low resource according to TCAC opportunity maps and have less positive education and economic opportunity scores and further job proximity. In addition, central and eastern parts of the city have fewer parks and open space amenities compared to other parts of the city. • Land use and zoning patterns: Types of zoning that accommodate land uses with employment opportunities, such as industrial and commercial, are concentrated in northwest, southern, and downtown Visalia. Most other areas of the city primarily consist of residential zones.
• High pollution burden: Most of Visalia is ranked in the 50th percentile or higher for pollution burden by CalEnviroScreen and the northern half of the city is within the 70th to 100th percentile.
Meaningful Actions to Address Fair Housing
Issues
This assessment of fair housing issues identifies factors that contribute to fair housing issues in Visalia, identified in Table 85. The meaningful actions are incorporated into programs and actions in Chapter 6: Goals, Policies, and Implementation Programs. Based on community feedback and data analysis, it was determined that high-priority issues in the city were the lack of affordable housing, displacement, and segregation of low-income residents. Fair housing enforcement and outreach was determined to be medium priority. Additionally, several programs included in Chapter 6 affirmatively further fair housing by the action areas determined by HCD. 446
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Table 85
Meaningful Actions to Address Fair Housing Issues
Identified Fair Housing
Issue Contributing Factors Meaningful Actions Metrics and Timeline Fair housing enforcement
and outreach
Lack of resources for fair housing agencies to
conduct more rigorous testing and audits,
outreach, training, public education
campaigns.
Lack of public (local, State, federal) fair
housing enforcement including funding for
staffing and training of public interest law firms.
Limited distribution of information on fair
housing rights and services
Fair Housing Services and Education:
Provide informational seminars to area residential real estate agents and brokers on fair housing laws and
regulations
Provide informational workshops for residents to
provide education and awareness to tenants, of fair
housing federal and State fair housing laws and
support prospective and existing tenants who are
experiencing discrimination
Provide trainings for property owners/managers on the
requirements of federal and State fair housing laws to
prevent discrimination (Program 7.1)
Working with Fair Housing Council of Central
California, provide one training annually with a goal
of reaching at least 30 real estate agents and
brokers each year.
Working with Fair Housing Council of Central
California, provide one training annually with a goal
of reaching at least 50 property owners and
managers each year.
Affordable Rental Housing Counseling Services:
Continue and if feasible expand funding for information and referral services that direct families and
individuals with financial resources for housing rental or purchase, locating suitable housing, and obtaining
housing with special needs facilities such as disabled- accessible units. (Program 7.1)
Hold at least eight informational events during the
planning period to disseminate informational
materials or provide trainings to residents, prioritizing communities sensitive to displacement. Annually,
Housing Authority of Tulare County (HATC) provides
affordable rental housing counseling services to the
public during community events.
Expand awareness of predatory lending practices, fair
housing requirements, regulations, and services by
distributing educational materials to property owners,
realtors, apartment managers, and tenants. (Program
7.1)
Distribute materials to at least 2,000 property owners, apartment managers, and tenants during the
planning period, with at least half distributed in
communities with majority non-White residents,
particularly lower resource areas of Visalia.
Increase participation in homeownership education
and assistance programs for historically
underrepresented residents in the homeownership
market by identifying sources of funding to support
homeownership assistance programs and establish
non-profit partnerships to for outreach campaigns to
spread awareness of available assistance programs.
(Program 4.1)
Partner with non-profit organizations to increase
participation in homeownership education and
outreach programs by minority and/or low and
moderate-income residents by 25 percent. Self-Help
Enterprises is a provider of homeownership
education and will report on the number of Visalia
residents that receive homeownership education.
Visalia has an existing relationship with Self-Help
Enterprises that will be continued.
Annually, review the City’s outreach methods, using
feedback from resident surveys and focused
discussions with community organizations to inform
online, mail, and in-person outreach methods.
Increase participation of historically underrepresented residents in all City housing programs and community
planning activities. Collaborate with stakeholders from all sectors and geographic areas to engage in the
public participation process. (Program 1.4)
Conduct at least one citywide resident survey every
three years to obtain feedback about City outreach
methods, prioritizing feedback from
underrepresented residents.
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Table 85
Meaningful Actions to Address Fair Housing Issues
Identified Fair Housing
Issue Contributing Factors Meaningful Actions Metrics and Timeline Develop an outreach strategy to reduce community
opposition to affordable housing development in
Visalia. The strategy should include partnerships with
local community organizations to identify and
implement methods for spreading awareness on the
need for affordable housing and the positive impact it
has on individuals, families, and the community.
(Program 1.4)
Prepare a report on potential outreach strategies for
reducing community opposition to the development
of affordable housing by December 2027.
Expand existing online resources by developing a
web-based Housing Development Toolkit that outlines
a step-by-step process for residential development,
including identifying steps in the entitlement and
building permit process, detailed information on
development incentives, and funding programs and
resources for affordable housing development.
(Program 3.2)
Housing Development Toolkit published on City’s
website by December 2025.
Socio-economic
segregation and
concentration of low
resource areas in central
and northeastern parts of
Visalia
Location, type, and supply of affordable
housing
Land use and zoning laws
Displacement of residents due to economic
pressures
Lack of public investments in specific
neighborhoods, including services or
amenities
Discriminatory lending practices
Discriminatory advertising for housing and
rentals
High pollution burden
Conduct landlord education and outreach on source of
income discrimination and voucher programs with the
goal of increasing landlord participation in the voucher program. (Program 3.6)
In coordination with the Kings/Tulare Homeless
Alliance facilitate at least one workshop and/or
education campaign for property owners and
managers per year, potentially partnering with non-
profit organizations and real estate professionals and
organizations to reduce income discrimination.
Expand and prioritize affordable housing development
in high and highest resource areas and near public
transit.. (Program 7.2)
Review the General Plan, applicable Specific Plans,
and Zoning Code and Zoning Map to evaluate
opportunities for removing barriers to housing
production, adding housing capacity, and
accommodating a greater mix of dwelling types and
sizes households (e.g., duplexes, triplexes,
fourplexes, townhouses, courtyard buildings) in high
and highest resource areas.
Review General Plan, Specific Plans, and Zoning
Code and Zoning Map by January 2026 and
implement any changes by January 2027.
Prioritize capital improvement projects, including new
parks and amenities, in low-resource areas (central
and northeastern parts of Visalia). Budget for and
implement plans and strategies for communities,
prioritizing neighborhoods designated for low-income
and mixed-income housing opportunities in the sites
inventory. (Program 7.2)
Hold at least three workshops during the planning
period in census tracts 10.04, 11, 12, and 20.08 to
develop infrastructure and programming plans that
support mixed-income housing development by
January 2031.
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Table 85
Meaningful Actions to Address Fair Housing Issues
Identified Fair Housing
Issue Contributing Factors Meaningful Actions Metrics and Timeline Promote the development of ADUs, prioritizing the
high and highest resource areas of the city. (Program
3.15)
Conduct eight educational workshops, campaigns, or
outreach events to inform and promote ADU
development in the city to residents, with at least five targeted to residents and developers in high and
highest resources areas by the end of the planning
period.
Lack of affordable housing,
residents vulnerable to
displacement, lack of
housing opportunities for
special needs populations
(residents living with
disabilities, seniors, large
households, residents
experiencing
homelessness)
Limited housing options for large households
Rising cost of rent and rising home values
High levels of cost burden among renter
households
Lack of diversity in the types of available
affordable housing
Land use and zoning laws
Displacement of residents due to economic
pressures
Lack of short-term/transitionary housing
opportunities for residents experiencing/at risk
of homelessness
Housing discrimination towards residents
experiencing homelessness
Facilitate the development of housing for persons with
disabilities (including developmental disabilities)
through incentives for affordable housing development
with services, resources, and assistance. (Program
5.9)
Prepare a report on potential strategies to encourage
development of affordable, accessible housing units,
including but not limited to cost incentive programs,
permit streamlining, and permit and developer fee
waivers and maintain a list of possible sources of
funding to support incentive programs. Prepare
report by January 2026 and present to City Council
for adoption of a pilot program by August 2026. If
adopted, implement pilot program by January 2027.
Prepare the list of funding sources by January 2026
and update annually.
Implement programs to eliminate constraints to
development of affordable housing for persons with
disabilities including those identified in the General
Plan, Specific Plans, and Zoning Code as analyzed
in the Housing Element Update. Implement any
changes by January 2027. After adoption of
changes, track at least 10 low- or moderate-income
units for persons with disabilities, for a total of 80
units constructed by the end of the planning period.
Partner with qualified housing developers to identify
affordable housing development opportunities with
emphasis on promoting housing choices that serve the
needs of special needs populations, including seniors,
homeless, female-headed households, large families,
low-income, and/or persons with disabilities in
RCAA’s. (Program 5.9)
Subject to availability of Inclusionary Housing funds, issue NOFA or RFP at least once during compliance
period and establish an affordable housing
development pipeline of at least three affordable
housing projects. Hold an annual meeting with
developers to inquire about upcoming projects and
identify affordable housing developments that may
need local funding or loan/grant preparation
assistance. Additionally, NOFA’s or RFP’s will be
issued once sufficient funding is available fund at
least one project (Program 5.9 actions)
Work with the local nonprofit organizations to
implement an outreach program informing residents of
the housing and services available for persons with
disabilities. The City shall make information available on the City website. (Program 5.9)
Conduct eight educational workshops, campaigns, or
outreach events to expand awareness of services
and programs for persons with disabilities by the end
of the planning period.
Update the City’s website by January 2025.
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Table 85
Meaningful Actions to Address Fair Housing Issues
Identified Fair Housing
Issue Contributing Factors Meaningful Actions Metrics and Timeline Monitor and support the development of housing for
farmworkers through coordination non-profit
organizations. (Program 5.9)
Provide technical assistance and/or financial support
for the development or rehabilitation of 24 affordable
housing units for farmworkers by December 2031.
The City is currently partnering with Self-Help
Enterprises to develop a 24-unit farmworker multi-
family affordable housing complex.
Prioritize public health, education, economic, and
safety programs in lower-resource areas as defined by
TCAC in coordination with area public health entities
(e.g., Kaweah Health), Visalia Transit, the City’s
Community Development Department, local school
districts, workforce development groups, and the City’s Police Department. (Program 7.3)
Identify addresses and compile a mailing list with
email addresses to focus outreach to neighborhoods
in lower resource areas of the city to prioritize services in these areas. (Program 7.3)
As part of the Consolidated Plan update process,
develop a comprehensive, long-term community
development strategy and/or program priority
strategy for lower resource areas by January 2028.
Improving place-based
strategies to encourage
community conservation
and revitalization, including
preservation of existing
affordable housing
The availability, type, frequency, and reliability
of public transportation
Lack of public and private investment in
specific neighborhoods
Location of employers
Cost of repairs or rehabilitation
Concentration of commercial and industrial
zoning in northwest, downtown, and southern
parts of the city
Location of proficient schools and school
assignment policies
High pollution burden
Implement small-scale placemaking projects/events in
central and northeastern parts of Visalia. (Program
7.3)
Implement two projects and four events in lower
resource areas during the planning period.
Develop a comprehensive, long-term community
development strategy and/or program priority
strategy for lower resource areas by January 2028.
Work with local nonprofit organizations, including Self- Help Enterprises and Habitat for Humanity of Tulare
County, to expand and spread awareness on home
and accessibility rehabilitation programs. (Program
7.3)
Conduct four educational workshops, campaigns, or
outreach events dedicated to expanding awareness
of home and accessibility rehabilitation programs by
the end of the planning period.
Collaborate with TCaT/TCAG to prepare a study on
transit needs for Visalia residents and identify actions to address those needs, focusing on connecting
residents to job centers. Work with TCaT to expand
transit services that connect Visalia to other cities in the County. (Program 7.3)
Prepare a transit needs study by 2027 and identify
potential actions by 2028.
Coordinate with the Public Works Department to
review the City’s Capital Improvement Projects (CIP)
to ensure public facilities and infrastructure are
supportive of the needs of underserved communities.
As part of the annual CIP program update, establish
a minimum spending target (15 percent) and report
the percent of CIP budget (including federal, state,
and regional grant funds, including CDBG)
committed to the northeastern part of the city.
(Program 7.3)
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Table 85
Meaningful Actions to Address Fair Housing Issues
Identified Fair Housing
Issue Contributing Factors Meaningful Actions Metrics and Timeline Implement plans and strategies to decrease pollution
burden in northern and central parts of Visalia.
Strategies should include improving air, reducing lead
risk from housing, as well as addressing proper
remediation plans for cleanup sites and hazardous
waste sites.
Work with a consultant to regularly assess and
monitor pollution burden in each census tract, using
tools such as CalEnviroScreen and identify major
sources of pollution. Develop a pollution burden
reduction strategy for northern and central areas of
Visalia by 2027 with metrics and timelines. (Program
7.3)
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Appendix A: Evaluation of the Existing
Housing Element
This section examines the effectiveness of the 2015 Housing Element, the progress made in achieving the goals, objectives and policies outlined in the Housing Element, along with a discussion of the Element’s appropriateness given current conditions within the City of Visalia. This evaluation will inform the policies and programs developed as part of the 2023-2031 Housing Element Update.
Housing Production During the 2015-2023
Planning Period
The City’s RHNA for the 2015-2023 planning period was for 2,616 units affordable to very low- income households, 1,931 units affordable to low-income households, 1,802 units affordable to moderate income households, and 3,672 units affordable to above moderate-income households, for a total of 10,021 housing units. Table 86 compares constructed deed restricted and non-deed restricted units to the RHNA allocation for each income category. The City has permitted a total of 4,566 units, of which 2,057 are constructed for the moderate income category and 1,744 for the above moderate income category. There are 5,710 units that need to be satisfied-about 44 percent remains.
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Table 86
Progress Toward the 5th Cycle RHNA
Visalia
2015-2023
Income Level
RHNA
Allocation
by Income
Level
2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Units
to Date (all
years)
Total
Remaining
RHNA by
Income Level
Very Low
Deed
Restricted 2,616
9 36 2 - - - 43 - -
157 2,459 Non-Deed
Restricted - 42 - - 20 1 4 - -
Low
Deed
Restricted 1,931
106 - 72 - - - 22 - -
608 1,323 Non-Deed
Restricted - 118 - 86 46 10 148 - -
Moderate
Deed
Restricted 1,802
- - - - - - - - -
2,057 - Non-Deed
Restricted 132 279 29 102 463 504 548 - -
Above
Moderate 3,672 367 246 403 391 169 92 76 - - 1,744 1,928 Total RHNA 10,021
Total Units 614 721 506 579 698 607 841 - - 4,566 5,710 Source: City of Visalia Annual Element Progress Report, 2015 through 2023 453
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Progress in Implementation
The following section reviews and evaluates the City’s progress in implementing the 5th cycle (2015- 2023) Housing Element. It reviews the results and effectiveness of programs for the previous Housing Element planning period, between 2019 and 2022.
The 2019 Housing Element established the nine goals with coordinated policies and implementing programs. Table 87 provides a detailed evaluation of the implementing programs that support each of these goals.
Goal HE-1
To provide for a broad range of housing types and densities to meet the needs of all Visalia residents.
To supply a diversity of housing types to meet local needs, the 2015 Housing Element developed Policies 1.1 through 1.8 and HE Programs 1.1 through 1.6. Policies 1.1 through 1.8 focus on ensuring that the City provides a sufficient supply of residential land to meet the housing needs of the community, encouraging and facilitating the development of affordable housing, removing constraints to housing production, and providing workforce and mixed-use development near downtown. In line with these policies, the City proceeded with successfully implementing Programs
1.1 through 1.6, which range from efforts such as streamlining approvals for affordable multifamily projects and providing priority access to water and sewer infrastructure to development with affordable units, to improving the conditional use permit process and increase contact with city officials.
Goal HE-2
To promote mixed use, infill, and Downtown development in Visalia.
Policies 2.1 through 2.4 encouraged higher density development where appropriate, mixed-use development, additional dwelling units, and a variety of housing types throughout the community.
These policies were supported by Implementing Programs 2.1 through 2.6. Policies 2.1 through 2.4 are committed to incentivize and promote infill redevelopment projects on vacant and underutilized land within the city limits. The policies promote a variety of development projects, encouraging both vertical and horizontal mixed-use developments, and a wide range of housing types in the Downtown areas. Programs 2.1 through 2.6 were established to ensure that all goals are met by incentivizing downtown housing development of various types.
Goal HE-3
To encourage construction and maintenance of affordable housing in Visalia.
Policies 3.1 through 3.20 were designed to encourage the development of affordable housing by design, such as small lot single family units and ADUs. The city looked to achieve this goal by ensuring cooperation between the public sector, private sector, and non-profit affordable housing 454
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entities. The policies aim to preserve financial incentives for affordable housing development, while also continuing to provide financial support for first-time home buyers. The policies also stress the importance of promoting the participation of all members of Visalia and ensuring that up to date information is easily accessible to the public. Program 3.2 has been effective in working towards Goal HE-3, concentrated on streamlining the construction of affordable market rate multiple-family dwelling units through special incentives. This program has contributed to the issuing of 691 multi- family units, and a total of 901 units, during the four-year period between 2020 and 2023. These 901 units exceed the objective of 400 units during the four-year period. Program 3.18 targeted the extremely low-income population by encouraging new development and redevelopment to increase extremely low income housing stock. The City awarded $1.8 million in HOME ARP and $900,000 in LMIHAF funds for the conversion of a 42-unit motel into permanent supportive housing units for extremely low-income households.
Goal HE-4
To prevent foreclosures, protect affected families, and stabilize neighborhoods impacted by foreclosures.
Policies 4.1 through 4.5 were established to maintain homeownership and provide support to organizations committed to providing housing services. Policy 4.3 encouraged a holistic approach to neighborhood revitalization that considers code compliance, renter and landlord education programs, infrastructure reinvestment, and community engagement. These policies looked to preserve the appearance of its neighborhoods, especially those most impacted by foreclosures.
Program 4.3 expanded the code enforcement in areas that are most impacted by foreclosures and abandoned properties. In 2022 the City boarded 26 unsecured properties within a 24-hour period of being reported, which achieved the 72-hour objective set out in the program.
Goal HE-5
To provide a range of housing types and services to meet the needs of households with special needs within the city.
Policies 5.1 through 5.7 encouraged the development of a wide range of housing types, prioritizing special needs groups including seniors, persons with disabilities, large families, and female headed households. These policies encouraged the facilitation of private sector development and non-profit organizations committed to the development of affordable housing and the provision of rental assistance. The City also encouraged the creation of emergency shelters, transitional housing, and permanent supportive housing. Program 5.7 promoted the construction of market rate and deed restricted affordable for-sale and rental housing for large households with at least three bedrooms.
This program contributed to the development of eight low-income units with three or more bedrooms in 2022.
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Goal HE-6
To create and maintain healthy neighborhoods by improving the condition of the existing housing stock and providing for a variety of housing types, sizes, price ranges, and densities compatible with the existing character and integrity of residential neighborhoods.
Policies 6.1 through 6.13 were established to maintain all existing and proposed residential areas and ensure the integrity of the City. These policies ensure the City promotes mixed-income neighborhoods through innovative design that is compatible with all existing neighborhoods. In order to achieve Goal HE-6, the city encouraged property owners to practice ongoing maintenance to sustain neighborhood vitality and to encourage physical design, building structure and lot layout relationships between new and existing development. Program 6.2 was established to ensure the City continues to support the rehabilitation of low-income units by financing low-income development projects and partnering with non-governmental organizations. Notably, in 2022, the City committed $2.3 million in HOME funds and $329,320 in LMIHAF for the development of an 80- unit affordable mixed use housing complex.
Goal HE-7
To provide decent housing and a quality living environment for all Visalia residents regardless of age, religion, race, creed, gender, sexual orientation, marital status, ancestry, national origin, disability, economic level, and other arbitrary factors.
Policy 7.1 was established to prevent any form of discrimination or segregation on the basis of housing throughout the City of Visalia. Policy 7.1 was implemented by Program 7.1, which looks to expose any housing discrimination and provide equal housing opportunities to all Visalia residents.
The program promotes City partnerships with non-profit agencies to provide fair housing education to ensure the City affirmatively furthers fair housing. Progress towards this goal includes the City’s contract with Fair Housing Council of Central California to conduct fair housing training, surveys, and testing. All educational resources are available at no charge on the City website.
Goal HE-8
To encourage energy efficiency in all new and existing housing.
Policies 8.1 and 8.2 encouraged the use of energy conservation devices and passive design concepts which make us of natural climate to increase energy efficiency and further reduce housing costs.
The City is committed to increasing the energy efficiency of new and existing housing beyond State requirements. Program 8.1 implements policies 8.1 and 8.2 by assisting residents to implement energy and water conservation measure awareness programs and include the most current tools into new affordable housing projects and the retrofitting of existing housing units. 456
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Goal HE-9
To ensure that Housing Element programs are implemented on a timely basis and progress of each program is monitored and evaluated annually.
Policies 9.1 and 9.2 ensured the City works to improve day-to-day implementation of Housing Element programs on a continuous basis. The City is committed to tracking the housing affordability levels throughout the City by monitoring changes in housing sales prices and rental rates. Programs
9.1 through 9.9 guide progress towards achieving HE-9. Program 9.1 has ensured the provision of an Annual Progress Report submitted to HCD on the implementation of each Housing Element program. The City has been successful in delivering an annual report since 2015 which has been confirmed by the State. Program 9.3 requires an annual report on the maintenance and status of the RHNA Land Inventory and ensures that there is no net loss of RHNA medium and high density sites. The City has been successful in meeting this objective by providing annual reports on RHNA sites inventory, where no loss of land designated for the above categories was lost. Program 9.8 requires continuous maintenance of the map exhibits and policies in transportation related plans to ensure optimal linkages with current high density residentials zones and RHNA land inventory sites to jobs, commerce, and service hubs. The City has been successful in maintaining access to the City’s Active Transportation Plan and Long Range Transit Plan by maintaining map exhibits in the City.
Effectiveness of 2015 Housing Element
As discussed in the preceding section and in Table 1-36, the City implemented many policies and programs to facilitate housing production. Most importantly, the City has made great strides in securing additional funding for affordable housing and working with local stakeholders and county organizations to improve housing accessibility. From preserving existing housing and promoting the expansion of multifamily housing through relaxed regulation, the City recognizes the severity of the housing crisis and has worked progressively to do its part in adding housing towards meeting and exceeding RHNA goals. However, in some cases, the City did not have the necessary staff resources or funding to implement programs. This can be observed on a number of program status reports provided in Table 87. Notably among other successful efforts, in 2022, the City committed $2.3 million in HOME funds and $329,320 in LMIHAF for the development of an 80-unit affordable mixed use housing complex known as the Lofts Project.
Effectiveness of Programs in Meeting Special Housing Needs Several of the 2019 Housing Element programs successfully assisted residents with special housing needs. Recent successes include:
• Through Program 5.2, the City provided $118,000 in PLHA funds for a Seasonal Emergency Low-Barrier Shelter (Warming Center) for people experiencing homelessness.
The City also awarded $2,055,205 in CDBG funds, $1,950,182 in PLHA, and $200,000 in LMIHAF funds for the development of a 100-bed Low-Barrier Navigation Center. • In 2022, in implementing Program 3.6, the City provided 17 households with emergency rental assistance to prevent homelessness.
457
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• Through program 3.18, the City awarded $1,800,000 in HOME-ARP and $900,000 in LMIHAF funds for conversion of a 42-unit motel into permanent supportive housing units for extremely low-income households at 30% AMI or lower. • Implementing Program 5.6, the City assisted six (6) senior owned mobile home repairs in 2022.
• Through Program 5.8, the City installed ADA audible pedestrian crosswalk signals for the visually impaired residents, per the request of the Disability Advocacy Committee (DAC). 458
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Table 87
Housing Programs Progress Report
Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 1.1
DESIGNATE FOR
SUFFICIENT LAND
No net loss of land
designated for
Median, Low, Very
Low, and Extremely
Low Income
Categories
Annually The City shall maintain a sufficient supply land at various densities to allow for the construction of sufficient
housing to meet its TCAG regional housing needs
allocation (RHNA) between 2014 and 2023. The City shall review, as needed, the amount of land designated for
various residential uses in conjunction with the amount and types of housing produced in the previous year to
determine if any changes in the General Plan may be
needed to meet City housing needs. A review of the
supply of vacant land and development patterns over the preceding year will be incorporated into each annual
evaluation of the City's implementation of its Housing
Element programs.
A sufficient balance of all income
categories continues to exist. There was
no loss of land designated for these
categories in 2022. Specifically, there were
no General Plan Amendment nor Change
of Zone entitlements processed in 2022
resulting in a reduction of land
designations for these income categories.
Keep
HE Program 1.2
CONTACT WITH
CITY OFFICIALS
Conduct one
discussion session
by the Building
Advisory Committee
(BAC) quarterly
meeting, and report
back to the
Committee on any
issues raised within
two CRC Quarterly
meetings.
Annually The City shall regularly solicit requests to examine specific City land use controls and building standards
which are deemed by the local housing development
industry that may tend to discourage innovative design
and new construction standards, or that exclude
affordable income households from the local housing
market. Such requests will be placed on the standing
Building Advisory Committee (BAC) annually.
There was one meeting of the Building
Advisory Committee held in 2022: on
November 16. No discussion was voiced
by members or attendees regarding
specific controls or building standards that
would discourage affordable or multi-
family housing.
Keep
HE Program 1.3
SENIOR HOUSING
RESIDENTIAL
DEVELOPMENT BY
RIGHT
Complete Ordinance
Amendment within
one year of Housing
Element
certification.
2020 The City shall revise the Zoning Ordinance to allow senior housing development in accordance with the density for
the underlying general plan land use district a by-right use in all residential zone districts and in the downtown mixed use zone district.
Completed in 2021. No changes in 2022. Delete
459
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Table 87
Housing Programs Progress Report
Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 1.4
CONDITIONAL USE
PERMIT PROCESS
Provide a report to
the Planning
Commission on an
annual basis that
summarizes all
multi-family
residential projects
considered by the
Commission.
Annually To ensure that the conditional use permit process for multi-family projects of greater than 80 housing units
does not impact the timing, cost, or supply of multi-
family development, the City shall continue to monitor
the conditional use permit process on such applications to determine whether or not the process impacts the
development of multi-family units. In an annual report to the Planning Commission, an assessment shall be made
of multi-family projects considered during the past year.
If it is determined that the conditional use permit process impacts the timing, cost, or supply of multi-family
housing, especially affordable housing projects, the City shall reconsider its position on this matter and adopt
mitigations, which could include increasing the project size threshold based on typical affordable housing
projects or eliminating the conditional use process,
within six months.
During 2022, the Planning Commission
considered two multi-family residential
development projects, one of which was
over 80 units.
Keep
HE Program 1.5
HOUSING
EDUCATION
Schedule,
coordinate and
conduct at least one
subject public
meeting or
stakeholder group
seminar per year
Annually In an effort to educate the public regarding the myths and realities of multi-family and affordable housing, the City shall partner with local housing advocates in making presentations to civic, neighborhood, and community
groups.
In 2022, the Housing Authority of Tulare
County conducted a public hearing to
explain their Moving to Work Program
Plan, Section 8, and Public Housing
Programs. The City held 3 public hearings
and 2 community meetings covering CDBG
and HOME funded programs, which
included affordable housing programs.
Keep
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Table 87
Housing Programs Progress Report
Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 1.6
PROJECT STATUS
REPORT
Meet all prescribed
processing timelines
as contained in the
City’s Zoning
Ordinance and
Community
Development
Department policies
and procedures.
Establish a tracking
system for length of
time taken to
process entitlement
requests. Staff shall
review the tracking
system on an
ongoing basis to
assess where
specific types of
permits can be
processed more
efficiently.
Daily,
Ongoing
The City shall continue to utilize its electronic permitting software to track the progress of development
processing and shall, through the staff project
coordinator, maintain a scheduled contact with individual applicants regarding the status and progress of their
project.
The City continues to utilize its electronic
permitting software (Accela) to track the
progress and length of time for
development processing against
established goals, striving to establish
industry leading review times, while
continuing to monitor the efficiency for
various permit types to improve further.
In 2022, the Community Development
Department was able to build upon the
successes seen in late 2021, ensuring
permit processing timelines were met and
occasionally exceeding City standard
timelines despite a very active year for
permit submittals. These efforts resulted
in the City having 0 over-target permits for
the majority of the year, with the latter
half reaching better than a 98% success
rate with zero over target permits.
Keep
HE Program 2.1
INFILL SITE
INVENTORY
Inventory document
to be maintained at
Community
Development front
counter and on City
website, and to be
updated on an
annual basis.
Annually The City shall maintain a citywide inventory of potential residential infill sites. The sites will consist of vacant and underutilized lots that allow residential uses. To ensure that developers are aware of all potential multi-family residential sites, the inventory will identify non-
residential land use designations that allow multi-family residential uses. The City shall make this information
available to the public by posting the inventory on the City’s website and providing the inventory at the
Community Development Department counter.
The infill site inventory is maintained and
kept at the Community Development front
counter as well as online at
https://www.visalia.city/depts/community
_development/planning/planning_informa
tion/default.asp.
Keep
461
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Table 87
Housing Programs Progress Report
Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 2.2
INCENTIVES FOR
DOWNTOWN
HOUSING
Five units of
residential
converted from
commercial space,
or one new multi-
family residential
project per year.
Ongoing The City shall provide one or more incentives for high density (20 units/acre or greater) housing in Downtown
such as: credits for required parking stalls; fee waivers, reductions and/or deferrals (when financially feasible); provision of priority reviews and processing; and/or
abbreviated or modified processing (where permissible
by law). These incentives shall be in addition to those incentives available through the State density bonus
laws.
In 2022 one building permit was issued
(B214985) involving the creation of 80 new
affordable dwelling units downtown. The
City provided support in the applicant's
pursuit of funding towards this project and
granted off-site development standard
concessions affiliated with a density bonus
request.
Keep
HE Program 2.3
INFRASTRUCTURE
FUNDING
PROGRAM
Apply for at least
one qualifying grant
Annually The City shall apply for funding and/or support non-profit agencies applying for funding that assists with
infrastructure improvements for projects that meet the
criteria for any applicable grant program in key infill areas such as Downtown and East Downtown.
In 2022 the City applied for six grants
related to infrastructure projects and was
awarded one. The awards received were
for the construction of an inclusive
playground and water play area located on
property situated between the Downtown
and East Downtown area. Also in 2022, the
City was awarded two grants for
infrastructure projects that were applied
for in 2021. One of these grants was for
the construction of protected bicycle lanes
and ADA compliant ramps along Houston
Avenue that connects an area with a
higher concentration of housing for lower
income households to the Downtown.
Keep
HE Program 2.4
MIXED USE
DEVELOPMENT
At least one
qualifying project
per year
Ongoing The City shall facilitate the development of sites within the Visalia community that are financially and physically feasible of being converted to or constructed into mixed use developments, or appropriate for historical
rehabilitation, and on a request basis, assist in the
implementation of such projects.
In 2022 one building permit was issued for
(B214985) involving the creation of 80 new
affordable dwelling units in the downtown.
This is a mixed use development that
includes live/work lofts and 3,090 sq. ft. of
office space.
Keep
462
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362 June 2023
Table 87
Housing Programs Progress Report
Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 2.5
INCENTIVES FOR
INFILL
AFFORDABLE
HOUSING
Provide a report to
the Planning
Commission on an
annual basis that
summarizes projects
that have utilized
the incentive
program.
Annually The City shall continue to implement its Affordable Housing Infill Incentive Program, which reduces
Transportation Impact Fees for qualifying projects, and annually report to the Planning Commission projects that meet the threshold criteria and take advantage of the
program. The City shall also continue to review other
infill projects for affordable housing approved
throughout the year to assess if modifications to the
program should be made.
In 2022, there have been no developments
that have met the requirements and/or
utilized the incentive of the fee reduction.
Keep
HE Program 2.6
DOWNTOWN AND
MIXED USE
RESIDENTIAL
DEVELOPMENT BY
RIGHT
Complete Ordinance
Amendment and
study within one
year of Housing
Element
certification.
2020 The City shall revise the Zoning Ordinance to allow residential development as a by right use in the
Downtown Mixed Use zone district, in accordance with
the density prescribed in the General Plan Land Use
district, subject to performance standards. In addition, the City shall examine and consider allowing residential development as a by right use in the Conditional Mixed
Use and Neighborhood Commercial zone districts while
addressing issues of geographical location,
segmentation, and performance standards.
Completed in 2021. No changes in 2022. Delete
HE Program 3.1
LEGISLATIVE
RELIEF
N/A Ongoing The City shall, through its State and Federal representatives, advocate for higher State and Federal
financial commitments to low and moderate income
housing programs to allow provide local governments
with greater financial resources to meet Federal and
State housing mandates. The City shall pursue housing
legislation that establishes a permanent statewide fund to address the city’s housing need. The City shall
continue its practice of writing letters of support or
opposition as warranted.
The City Council has adopted positions
related to State legislation (April 4, 2022)
and Federal legislation (April 4, 2022),
related to the promotion of the
development of affordable, sustainable,
and accessible housing, and the promotion
of funding towards grants and housing.
Keep
463
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Table 87
Housing Programs Progress Report
Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 3.2
MULTIPLE-FAMILY
DEVELOPMENTS
Develop 400 multi-
family units (20
extremely low, 40
very low, 60 low,
and 80 moderate,
and 200 above
moderate) over the
four year period.
Annually The City shall encourage, facilitate, and find ways to streamline the construction of affordable and market
rate multiple-family dwelling units. Special incentives (e.g., reduced parking standards, waiver of fees),
modified zoning provisions, and priority permit
processing of CUPs and Site Plan Review applications may be utilized where appropriate. The City shall continue to inform local developers of the available incentives that benefit affordable housing through published documents
available at City Hall and maintained on the City website.
These incentives shall be in addition to those available through State density bonus laws.
In 2022 the City issued permits for 691
multi-family units for a total of 901 units in
the four-year period between 2020 and
2023.
Keep
HE Program 3.3
FIRST-TIME
HOMEBUYER
PROGRAM
Assist 50 low- and
moderate-income
first-time
homebuyers over
the next five years.
Ongoing The City shall continue to partner with non-profit agencies (e.g., CSET, Self Help Enterprises) in assisting low- and moderate-income families qualifying for a low
interest second mortgage loan as gap financing toward
the purchase of a home.
In 2022, five single-family homes began
construction on NW 5th Avenue in Visalia
with the use of City HOME funds. These
homes will be provided to low-and-
moderate income first time homebuyers.
Keep
HE Program 3.4
MORTGAGE
REVENUE BONDS,
MORTGAGE
CREDIT
CERTIFICATES,
LOW INCOME TAX
CREDITS
Provide technical
assistance for the
issuance of one
mortgage revenue
bond, mortgage
credit certificate, or
low income tax
credit funded
project.
Ongoing The City shall continue to participate in the issuance of tax exempt revenue bonds, mortgage credit certificate
projects, and low income tax credit projects to provide below market rate financing, where there is sufficient
private participation.
In 2022, the Lofts Project utilized Low-
Income Tax Credits and Tax-Exempt Bonds
toward construction an 80-unit multi-
family affordable housing project.
Keep
HE Program 3.5
FHA/HUD/HCD
AND FEDERAL
HOUSING TRUST
PROGRAMS OR
AVAILABLE
GOVERNMENT
FUNDING
Contact local
affordable housing
borrowers at least
annually to provide
the most updated
and any new
information on
available programs.
Ongoing In order to encourage developers to fully utilize available FHA/HUD/HCD and Federal Housing Trust programs, the
City shall continue to utilize an information resources pool to enable local affordable housing providers to use these programs and incorporate them into a first-time
homebuyers program as appropriate.
In 2022, the City solicited HUD HOME ARP
and State LMIHAF funds for the
development of affordable permanent
housing.
Keep
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364 June 2023
Table 87
Housing Programs Progress Report
Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 3.6
SECTION 8
HOUSING
ASSISTANCE
PROGRAM
Assist 550 lower
income families with
rental housing
assistance annually.
Ongoing The City shall continue to support Tulare County Housing Authority (TCHA) in administering the Section 8 Housing Assistance Program which includes certificates and
vouchers for low-, very low-, and extremely low-income
households.
In 2022, the City provided 17 households
with emergency rental assistance to
prevent homelessness.
Keep
HE Program 3.7
INFORM PUBLIC OF
LOCAL, STATE, AND
FEDERAL HOUSING
PROGRAMS
Conduct at least one
presentation
annually to the local
real estate industry
and/or
nongovernmental
organizations
regarding available
housing programs.
Ongoing The City shall continue to publicize housing opportunities in Visalia through a marketing campaign associated with housing programs, including, for example, brochures,
advertisements, articles, direct mail, municipal reports, and placing information of the City’s website.
The City continues to market housing
program on the City's website, social
media outlets, and posting flyers at various
city locations. The City also utilizes partner
marketing channels, such as, King/Tulare
Homeless Alliance and Visalia Chamber
listserve posting.
Keep
HE Program 3.8
LOAN PROGRAM
EDUCATION
Sponsor annual or
bi-annual meetings
to educate realtors,
home buyers, and
others to facilitate
promotion of this
program, as funding
is available.
Ongoing The City shall sponsor meetings with government, realtors, home buyers, and other financial agencies
regarding loan programs currently available.
Online (City website) - Promoting the NW
5th Avenue single-family first time
homebuyer homes under construction.
Keep
HE Program 3.9
AGENCY
COORDINATION
Provide information
on a recurring basis.
Ongoing The City shall solicit involvement from the Tulare County Association of Realtors and the Home Building Industry
Association (BIA) and periodically inform real estate
organizations of the City’s need for lower income housing sites and incentive programs available to encourage the creation of such housing.
The City requests involvement from the
Tulare County Association of Realtors and
the Home Building Industry Association
(BIA) on affordable housing projects. The
City informs real estate organizations of
incentive programs to encourage creation
of affordable housing.
Keep
HE Program 3.10
AVAILABILITY OF
FUNDING
INCLUDING LAND
WRITE-DOWN
PROGRAMS
Complete ten
applications under
this program per
year.
Ongoing The City shall continue to participate in Federal, State, and local housing assistance programs. The City shall
continue to utilize funds from the following agencies:
Department of Housing and Urban Development (HUD),
State Housing and Community Development (HCD)
City receives annual CDBG and HOME
funding from HUD.
Keep
465
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Table 87
Housing Programs Progress Report
Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 3.11
CITY INCENTIVE
FOR AFFORDABLE
HOUSING
Identify non-
governmental
organization
affordable housing
providers and
explore
opportunities for
land purchases.
Ongoing The City shall provide incentives, such as land and improvement cost write-downs or deferred financing, to
decrease the total cost of the housing project.
In 2022, the City provided deferred
financing and forgivable financing as an
incentive for affordable housing.
Keep
HE Program 3.12
DEVELOPMENT FEE
REDUCTION/DEFER
MENT
Complete the
review and present
to City Council for
final consideration.
2020 The City shall review its fee structure and study the feasibility of reducing or deferring development and
building permit fees on accessory dwelling units.
Completed in 2022. A review culminating
in a report was completed and presented
to City Council in June 2022. The report
established the correct fee methodology to
be applied toward ADUs. No new fee
categories were necessary as a result of
the study.
Keep
HE Program 3.13
NON-PROFIT
HOUSING
DEVELOPMENT
CORPORATIONS
Provide assistance
that will benefit 20
first-time lower
income home
buyers over the next
four years.
Ongoing The City shall continue to support non-profit housing development corporations (e.g., Self-Help Enterprises,
Habitat for Humanity, and other non-profit agencies),
including those that provide sweat equity programs, by
providing land at little or no cost through low interest loans and deferred financing.
HOME funds provided to Self-Help
Enterprises (SHE) to construct 5 single-
family homes for 5 first-time low-and-
moderate income homebuyers.
Keep
HE Program 3.14
LAND BANKING
Participate in at
least one land
banking project
during the current
reporting period.
Ongoing The City shall provide support of affordable housing projects or programs which allow land banking.
The City participated in one land banking
project to construct an 80-unit mixed use
complex for low-income households.
Keep
HE Program 3.15
PROMOTING
ACCESSORY
DWELLING UNITS
Achieve five
accessory dwelling
units per year for a
total of twenty units
over the next four
years.
Ongoing The City shall promote the development of accessory (second) dwelling units by providing information
regarding permit requirements, changes in State law, and benefits of accessory dwelling units to property owners and the community.
The City issued 14 permits for accessory
dwelling units in 2022. In total the City had
22 permits for accessory dwelling units
applied for in 2022.
Keep
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366 June 2023
Table 87
Housing Programs Progress Report
Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 3.16
ASSISTED
HOUSING
PROJECTS ELIGIBLE
FOR CONVERSION
Achieve 100%
contact with all
subject at-risk
property owners
one year before
contract expiration.
Annually The City shall monitor the status of the deed restricted affordable housing projects with expiring affordability covenants and contact owners concerning their plans to
continue in or opt out of the subsidy programs. The City shall identify potential buyers of at-risk projects (e.g., Tulare County Housing Authority, Christian Church
Homes of Northern California, Inc., Self-Help Enterprises) and existing and potential sources of City funding to
supplement primary State and Federal sources.
The City has continued to monitor
properties on an annual basis and has not
found any properties at-risk of converting
to market rate during the planning period.
Keep
HE Program 3.17
PLANNING FOR
LARGE SITES
Entitle a minimum
of one master
planned project on a
RHNA listed site per
year.
Ongoing The City shall allow for further subdivision or development of specific plans for large sites that are
identified in the Housing Element sites inventory and
shall facilitate development at the expected affordability level for the sites. The City shall employ a range of tools and techniques, potentially including outreach to
property owners and stakeholders, City financial
resources (e.g., HOME funds), expedited processing, and other incentives to facilitate development on these sites.
The City received two applications for
development of specific planned areas, on
95 acres (Pratt Family Ranch) and on 500
acres, which include single- and multi-
family components. One site (Carleton
Acres) is RHNA listed. The expected
approval date has been delayed to 2023
due to a court ruling which caused the City
to prepare an agriculture preservation
ordinance.
Keep
HE Program 3.18
TARGETING
EXTREMELY-LOW
INCOME
DEVELOPMENTS
Annually pursue
State and Federal
funds to increase
the supply of
housing affordable
to extreme low-
income households.
Ongoing The City shall seek State and Federal funding specifically targeted for the development of housing affordable to
extremely low-income households. Additionally, the City shall identify development opportunities and provide
incentives for the development of housing for extremely low-income households (e.g., priority processing, fee
waivers or deferrals). The City shall work with its partners and encourage them to promote the benefits of this
program to the development community. Additionally,
the City shall require its partners to conduct outreach to extremely low-income service providers, on at least an
annual basis, to encourage the development of housing
for extremely low-income households.
In 2022, the City awarded $1,800,000 in
HOME-ARP and $900,000 in LMIHAF funds
for conversion of a 42-unit motel into
permanent supportive housing units for
extremely low income households at 30%
AMI or lower.
Keep
467
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Table 87
Housing Programs Progress Report
Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 3.19
CONSISTENCY
WITH STATE
DENSITY BONUS
LAW
Complete review of
state law and
complete ordinance
amendments, as
necessary, within
one year of Housing
Element
certification. Any
applications
received for density
bonuses that are
found to be
consistent with
state law shall be
processed and
implemented
immediately.
2020 and
ongoing
The City shall review and amend its Zoning Ordinance to ensure that its density bonus regulations remain
consistent with state law (Government Code Sections
65915 through 65918). This program includes the
addition of a housing unit replacement program subject
to the requirements of Government Code Section
65915(c)(3). The replacement program would be subject
to sites identified in the site inventory where any new development (residential, mixed-use or non-residential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time
during the previous five years.
Completed in 2021. No changes in 2022.
The City in 2022 received and deemed
complete three applications utilizing a
density bonus or incentives in accordance
with State Density Bonus Law. The
applications were pending approval in
2023.
Delete
HE Program 3.20
PROVIDE PRIORITY
SEWER SERVICE
FOR AFFORDABLE
HOUSING
PROJECTS
Identify all projects
meeting the criteria
for affordable
housing and ensure
their first priority
status to connect to
the City sanitary
sewer system.
Ongoing In the event of a future, although unanticipated, shortage of future capacity or need to prioritize provision of sewer service is experienced, projects offering market rate or assisted projects that have the potential to provide
housing affordable to lower-income residents shall
receive priority sewer service.
Capacity and infrastructure are sufficient
for all anticipated growth, including
affordable housing.
Keep
HE Program 3.22
MOBILE HOME
PARKS IN HIGH
DENSITY
RESIDENTIAL ZONE
DISTRICT
Complete Ordinance
Amendment within
one year of Housing
Element
certification.
2020 The City shall revise the Zoning Ordinance to allow mobile home parks as a conditionally allowed use in the R-M-3 zone in accordance with the density prescribed in the General Plan land use district.
Completed in 2020. No changes in 2022. Delete
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Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 3.23
ACCESSORY
DWELLING UNITS
STANDARD
BUILDING PLANS
Prepare standard
building plans within
two years of
Housing Element
certification.
2021 The City shall seek out and utilize available grant funding, or consider utilizing local funds if grant funding is not available, to develop one or more standardized floor
plans and elevation templates for accessory dwelling
units that are pre-approved by the Community
Development Department. The pre-approved plans may
be utilized on properties that meet the development
requirements and placement requirements for accessory
dwelling units.
Completed in 2022. Three different plans
for pre-approved ADU were completed
and authorized by the City of Visalia in
2022. Information has been added to the
City website. No building permits utilizing
the pre-approved plans were issued in
2022., as the City is still promoting the
plans.
Delete
HE Program 4.1
HOMEBUYER
EDUCATION
PROGRAM
OUTREACH
Participate in at
least one education
seminar per year.
Ongoing The City shall support the efforts of non-profit organizations [e.g., Community Services Employment
Training (CSET), Self Help Enterprises] in providing
homebuyer education services by promoting their
services on the City website.
The City approved HOME funds for first
time homebuyer assistance including
homebuyer education. The City also
promotes Self-Help Enterprises and CSET's
homebuyer education services on the City
website.
Keep
HE Program 4.2
FORECLOSURE
PREVENTION
RESOURCES
Verify that the
correct and up to
date information is
posted to City
website, and
updated on at least
an annual basis.
Ongoing The City shall promote foreclosure prevention resources by posting information on the City website about
foreclosure prevention hotlines and services offered by HUD-approved housing counseling agencies (e.g., Self-
Help Enterprises).
The City refers clients to CSET, a partner
organization for foreclosure counseling
and services.
Keep
HE Program 4.3
NUISANCE
ABATEMENT IN
IMPACTED
NEIGHBORHOODS
Secure properties
subject to the
emergency nuisance
abatement within
72 hours of
appraisal and
establish a tracking
system for
managing nuisance
abatement cases
and report activity
in the Annual
Report.
Ongoing To help secure and maintain vacant, foreclosed
properties, the City shall expand code enforcement in the areas most impacted by foreclosures and abandoned
properties. The City shall strive to effectively follow up on code violations to ensure that problems are addressed.
In 2022 the City boarded 26 unsecured
properties. The City's goal has been to
secure properties within 24 hours of
appraisal, well in excess of the 72-hour
objective.
Keep
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in H.E
Description Status of Program Implementation Recommenda tion
HE Program 4.4
FORECLOSURE
ACQUISITION
Annually pursue
State and Federal
funds when
available.
Ongoing The City shall continue to work with qualified non-profit partners to acquire foreclosed properties, rehabilitate properties if necessary, and redevelop properties as
affordable housing, when federal or state funding is
available. The City may use other housing programs,
such as the first time homebuyer down-payment
assistance program, in conjunction. In some cases, the City may demolish foreclosed homes and re-use the land
for mixed-use or non-residential purposes when the
demolition will create an opportunity to create more
amenities and carry out a comprehensive rebuilding or
revitalization strategy.
In 2022, the City did not acquire any
foreclosed properties since it did not have
NSP program funding for this program.
Keep
HE Program 5.1
LEGISLATIVE
AWARENESS
Participate in at
least two legislative
initiatives per year.
Ongoing The City shall, through its state and federal
representatives, stay abreast of housing legislation and programs which might affect the City’s special needs
groups and, as warranted, comment upon legislation.
The City shall continue its practice of writing letters of support or opposition as warranted.
The City Council has adopted positions
related to State legislation (April 4, 2022)
and Federal legislation (April 4, 2022),
related to the promotion of the
development of affordable, sustainable,
and accessible housing, and the promotion
of funding towards grants and housing.
Keep
HE Program 5.2
HOMELESS
SHELTER
PROGRAM
Annually allocate
funding to provide
assistance and
supportive services.
Ongoing The City shall provide financial assistance and provide supportive services towards the providing of shelters and services for persons experiencing homelessness. The City shall continue to work with experienced non-profit
agencies to seek out opportunities to provide
permanent, transitional, or emergency housing, including low-barrier shelters, and work with the Continuum of
Care to promote the use of Federal, State, and local
financing programs as possible funding sources.
In 2022, the City provided $118,000 in
PLHA funds for a Seasonal Emergency Low-
Barrier Shelter (Warming Center) for
people experiencing homelessness. The
City also awarded $2,055,205 in CDBG
funds, $1,950,182 in PLHA, and $200,000
in LMIHAF funds for the development of a
100-bed Low-Barrier Navigation Center.
Keep
HE Program 5.3
EMERGENCY
SHELTERS
PERFORMANCE
STANDARDS AND
EXPANSION OF
ALLOWED USE
Complete Ordinance
Amendment and
study within one
year of Housing
Element
certification.
2020 The City shall examine and make a recommendation of other zone districts where emergency shelters may be
allowed as a by right (permitted) use or as a conditionally allowed use and shall develop performance standards for use in association with emergency shelters. Upon public review and approval by the legislative body, the City shall revise the Zoning Ordinance as it pertains to emergency shelters.
Completed in 2022. The Ordinance
Amendment (Zoning Text Amendment No.
2021-09 / Ordinance No. 2022-05) was
completed on April 18, 2022.
Delete
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Description Status of Program Implementation Recommenda tion
HE Program 5.4
REASONABLE
ACCOMMODATIO
N
Maintain an
updated brochure at
City offices and on
City website
Ongoing The City shall maintain a public information brochure on reasonable accommodation for disabled persons and
provide that information on the City's website. This
brochure shall include information and staff contact for requesting assistance in providing housing for persons
with disabilities.
The brochure is available at the front
counter and has been posted on the City
website
https://www.visalia.city/depts/community
_development/planning/gp.asp. To date
there have been no known requests by the
public for reasonable accommodation.
Keep
HE Program 5.5
SENIOR RENTAL
HOUSING
Facilitate the
construction of at
least 10 very low-
income and 10 low-
income senior units
during the reporting
period.
Ongoing The City shall continue to facilitate the construction of affordable rental housing for very-low and low- income
seniors by providing regulatory (e.g., density bonus,
expedited permit processing, deferred fees, or relaxed
parking requirements) and financial incentives.
In 2022 no building permits were issued for
senior rental units. One entitlement
(Conditional Use Permit No. 2021-37) was
approved in 2022 for 70 deed-restricted
affordable senior units on a project site.
No building permits were applied for in
2022 related to this project.
Keep
HE Program 5.6
REHABILITATION
ASSISTANCE FOR
SENIOR &
DISABLED
HOMEOWNERS
Provide assistance
that will benefit ten
(10) households per
year over the next
four years. Track
assistance
accomplishments
and include in the
Annual Report.
Ongoing The City shall continue to dedicate federal funding, as available, toward the senior and disabled rehabilitation programs which assist low-income elderly homeowners
in rehabilitating their homes to address health and safety repairs, accessibility needs, and energy efficiency
improvements.
City assisted six (6) senior owned mobile
home repairs in 2022.
Keep
HE Program 5.7
LARGE FAMILIES
Facilitate the
construction of at
least 16 units per
year (8 very low-
and 8 low-income
units)
Ongoing The City shall promote the construction of both market rate and deed restricted affordable for-sale and/or rental housing units with three or more bedroom units
affordable to very low- and low-income families. The City shall utilize financial and regulatory incentive
opportunities (e.g., expediting permit processing,
deferred fees, density bonuses) to developers for these unit types including promote the need for three or more bedroom units during pre-application meetings,
contacting affordable housing developers.
A total of 8 low-income dwelling units
constructed in 2022 were units with three
or more bedrooms. Three of the eight
units were done without public funding
assistance.
Keep
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in H.E
Description Status of Program Implementation Recommenda tion
HE Program 5.8
HOUSING FOR
PERSONS WITH
DEVELOPMENTAL
DISABILITIES
Annually pursue
State and Federal
funds that can
support housing
construction and
maintenance of
housing for persons
with disabilities.
Ongoing The City shall explore models to encourage the creation of housing for persons with developmental disabilities, as funding is available. Such models could include assisting in housing development through the use of set-asides,
scattered site acquisition, new construction, and pooled trusts; providing housing services that educate, advocate, inform, and assist people to locate and maintain housing; and models to assist in the maintenance and repair of
housing for persons with developmental difficulties. The City shall also seek State and Federal monies for direct support of housing construction and rehabilitation
specifically targeted for persons with disabilities.
In 2022, the City installed ADA audible
pedestrian crosswalk signals for the
visually impaired residents, per the request
of the Disability Advocacy Committee
(DAC).
Keep
HE Program 5.9
EMPLOYEE
HOUSING
ALLOWED WHERE
RAISING OF
HORTICULTURAL
ITEMS ALLOWED
Complete Ordinance
Amendment within
one year of Housing
Element
certification.
2020 The City shall revise the Zoning Ordinance to ensure that employee housing is permitted as a by right use in areas where agricultural activities are also an allowed use, in conformance with Health and Safety Code commencing
at Section 17020. Alternately, the City may revise the Zoning Ordinance to address the allowed use of
agriculture activities in non-residential zone districts.
Completed in 2020. No changes in 2022. Delete
HE Program 5.10
ADULT OVERNIGHT
RESIDENTIAL CARE
FACILITY IN MULTI-
FAMILY ZONE
DISTRICTS
Complete Ordinance
Amendment within
one year of Housing
Element
certification.
2020 The City shall revise the Zoning Ordinance to allow adult overnight residential care facilities for seven (7) or more people as a conditionally allowed use in the multi-family residential zones.
Completed in 2020. No changes in 2022. Delete
HE Program 6.1
HOUSING
REHABILITATION
PROGRAM
Assist 25 low-
income
homeowners during
the course of the
current reporting
period.
Ongoing The City shall continue to enhance the quality of owner- occupied single-family housing and encourage private
investment in the city’s residential areas through the
owner-occupied Housing Rehabilitation Programs. The
program provides low-interest loans to low-income
homeowners to make exterior improvements or repairs
to their homes.
In 2022, the City provided 6 single-family
homes and 6 mobile homes with
rehabilitation.
Keep
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Visalia
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Description Status of Program Implementation Recommenda tion
HE Program 6.2
LOW-INCOME
RENTAL
REHABILITATION
PROGRAM
Assist twenty (20)
low-income owners
of rental properties
with forgivable
loans over the next
four years.
Ongoing The City shall continue to support a Low-Income Rental Rehabilitation Program through financial assistance and partnering with non-governmental organizations. The
program provides owners of rental properties a
forgivable loan for external improvements in return for commitments to offer the units at affordable rents.
In 2022, the City committed $2.3 million in
HOME funds and $329,320 in LMIHAF for
the development of an 80-unit affordable
mixed use housing complex known as the
Lofts Project.
Keep
HE Program 6.3
EMERGENCY
REPAIRS
PROGRAM
Assist twenty (20)
low-income
homeowners over
the next four years.
Ongoing The City shall continue to provide low/moderate-income, owner occupants with low-interest loans to make
emergency repairs and provide assistance for addressing housing code violations.
In 2022, City utilized CDBG funds to Habitat
for Humanity to administer an Emergency
Repair & Accessibility Repair Program
(ERAP) and Self-Help Enterprises (SHE) to
administer a Senior Mobile Home Repair
Program (SMHRP). Habitat for Humanity
assisted 6 homes with emergency minor
home repairs including addressing housing
code violations. SHE assisted 6 mobile
homes with essential repairs.
Keep
HE Program 6.4
ENFORCEMENT OF
HOUSING AND
BUILDING CODES
Complete fifty (50)
residential
inspections per year
in response to
substandard
building or living
condition referrals.
Ongoing The City shall continue to review, upgrade, and maintain City codes, ordinances, regulations, and enforce these
standards to ensure health and safety of occupants and
maintain the existing housing stock.
In 2022 Neighborhood Preservation
responded to 180 substandard housing
complaints.
Keep
HE Program 6.5
REHABILITATION
AND ADAPTIVE
REUSE
Assist with
rehabilitating one
unit per year.
Ongoing The City shall assist, as appropriate, in the rehabilitation and adaptive reuse of historically-significant structures.
This shall include assisting private property owners of historically-significant structures in applying for and utilizing State and Federal assistance programs as
appropriate.
The City did not receive any requests for
assistance associated with the
rehabilitation and/or adaptive reuse of
historic residences during the evaluation
period.
Keep
HE Program 6.6
HOUSING
CONDITIONS
SURVEY /
REHABILITATION &
DEMOLITION
STUDY
Complete survey by
the end of calendar
year 2020.
2020 The City shall continue working on and complete a
housing conditions survey that assesses Visalia’s existing housing stock. The study shall assess the need and
feasibility for significant rehabilitation or demolition of dilapidated housing units and identify potential funding sources to fund rebuilding efforts. A study was
commenced in early 2019 and is expected to be complete
by early 2020.
Completed in 2020. Delete
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Description Status of Program Implementation Recommenda tion
HE Program 7.1
FAIR HOUSING
Maintain and
update educational
materials on the City
website, and
conduct one to two
comparative rental
tests per year based
on need and
available financing.
Ongoing In an effort to expose and eliminate housing
discrimination, and to provide equal housing
opportunities to all Visalia residents, the City shall
partner with an experienced non-profit agency or
agencies to provide fair housing education to ensure that the City affirmatively furthers fair housing through
lenders, landlords, realtors, and the community as a
whole and handle fair housing complaints. The City shall continue to post information on fair housing law on its website.
The City maintains its association with
NGO partners in responding to housing
discrimination complaints and contracts
with an agency that performs side by side
tenant lease tests to surface discrimination
by leasing agents. The City has contracted
together with Fair Housing Council of
Central California to conduct fair housing
training, surveys, and testing. Educational
materials are posted on the City website
https://www.visalia.city/depts/finance/ho
using_n_cdbg_services/fair_housing_prote
ction/default.asp.
Keep
HE Programs 8.1
ENERGY & WATER
CONSERVATION
PROGRAM
Maintain and
update educational
materials on the City
website.
Ongoing Using existing education, incentive, and conservation programs offered by Southern California Edison (SCE) and California Water Service Company (CalWater), the City
shall continue to assist residents to implement energy
and water conservation measures awareness programs
and include the most current goals, policies, and
programs into new affordable housing projects and, as
feasible into retrofitting existing affordable housing units. "Educational materials are posted on the
City's websites:
https://www.visalia.city/depts/administrat
ion/water_conservation/cal_water/default
.asp
https://www.visalia.city/depts/public_wor
ks/natural_resource_conservation/renewa
ble_energy_n_conservation/resources_n_i
ncentives.asp"
Keep
HE Program 9.1
IMPLEMENTATION
REPORTING
Provide an Annual
Progress Report to
State HCD every
year during the
course of the
reporting period.
Annually The City shall annually review and report, where required under the Annual Progress Report to be annually
submitted to HCD, on the implementation of the Housing
Element programs and the City’s effectiveness in meeting the programs’ goals in the manner required and
approved by State Housing and Community
Development.
The City has prepared and submitted the
Annual Housing Report to State HCD, each
year between 2015 and 2021, and the
State has acknowledged receipt of the
report. The 2022 Annual Progress Report
will be presented to the City Council on
March 20, 2023, and sent to HCD by March
31, 2023.
Keep
HE Program 9.2
PROGRESS
MEETING
Convene annual
meeting to review
the Housing
Element
implementation
progress.
Annually City staff members involved in the implementation of Housing Element programs shall meet annually to review
progress in addressing housing issues, especially issues relating to affordable housing.
Meetings to review and assess Housing
Element Implementation Progress were
done sporadically through 2022.
Keep
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Visalia
Name of Program Objective Timeframe
in H.E
Description Status of Program Implementation Recommenda tion
HE Program 9.3
MONITOR THE
RHNA LAND
INVENTORY
Report annually on
maintenance and
status of the RHNA
Land Inventory, and
ensure that no net
loss of RHNA
medium and high
development
density sites.
On a
project
basis as
needed,
and
annually
Community Development staff shall monitor the RHNA
land inventory to ensure that proposed re-zoning or
development on every listed site meets or exceeds the
development capacity by income category listed for that site in the Land Inventory. If a proposed re-zoning or
development results in a shortfall of residential capacity needed to accommodate the remaining Regional Housing
Needs Allocation (RHNA) for any income category, the
City shall identify and zone sufficient adequate sites at appropriate densities [See GC 65583.2(c)(3) to
accommodate the shortfall within six months of the re-
zoning or approval of the development resulting in the
shortfall of sites to accommodate the remaining RHNA
for any income category.
The City has provided annual reports on
the status of the RHNA sites inventory as
part of the City's preparation and submittal
of the Annual Progress Report. A sufficient
balance of all income categories continues
to exist. There was no loss of land
designated for these categories in 2022.
Specifically there were no General Plan
Amendment nor Change of Zone
entitlements processed in 2022 resulting in
a reduction of land designations for these
income categories.
Keep
HE Program 9.4
MONITOR
CONDITIONAL USE
PERMIT (CUP)
REQUIREMENT
IMPACTS ON
AFFORDABLE
HOUSING
Report annually to
the Planning
Commission on the
effect of CUP
requirements
compared with
comparable
“permitted by right”
projects, and ensure
that CUP processing
and conditions do
not adversely
impact the project’s
affordability.
On a
project
basis as
needed,
and
annually
Community Development staff shall monitor every
proposed development on RHNA land inventory sites to
ensure that the effects of processing a CUP, when
required, does not unreasonably delay entitlement
processing, or increase development costs to a degree
that eliminates the project’s potential affordability or its potential development density.
A report for the 2022 year is anticipated to
be presented to the Commission in April
2023.
Keep
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Description Status of Program Implementation Recommenda tion
HE Program 9.5
COMPREHENSIVE
ANNUAL
MONITORING
PROGRAM
Include
documentation of
annual sales and
rental rates in the
Annual Progress
Report.
Annually The City shall establish and implement a comprehensive annual monitoring program to document the sales price
or rental rates for all new units constructed in the
previous year and to determine housing affordability
levels. The City shall also regularly monitor housing sales price trends of existing units.
The City uses the opportunity accorded by
preparation of the Annual Progress
Reports and the CAPER to annually
evaluate the efficiency of the City's
Housing programs. In addition, the City
conducts annual evaluations of existing
home sales prices to compare to the
established analysis by HUD. In 2022, the
City also completed a Rent Comparability
Market Study to determine rental rates.
Keep
HE Program 9.6
SUCCESSOR
HOUSING AGENCY
REPORTING
PROGRAM
Provide a report on
housing and
financial activity
information in the
Annual Progress
Report.
Annually The City shall report housing financial and activity information by 1) including specified information with
the Annual Progress Report (APR), required to be
annually submitted to HCD by April 1, pursuant to State housing law in reporting progress in implementing the
Housing Element, and 2) posting specified information on the City's website. This required "housing fund" data can be a paper report identified as an addendum to the APR.
The separate housing fund data report can be attached
to the APR or sent separately.
The City has provided Annual Reports that
specify housing and activity information
pertaining to the successor housing
agency.
Keep
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1 Public Review Draft Housing Element
We are excited to announce the release of the Public Review Draft 2023-2031 Housing Element. The Public Review Draft Housing Element is available on the Housing Element website (housevisalia.com) and will be available for public comment through July 10, 2023. This newsletter provides an overview of the Housing Element, including a discussion of the major chapters.
What is a Housing Element?
The purpose of the Housing Element is to identify and analyze existing and projected housing needs in order to preserve, improve, and develop housing for all economic segments of the community.
The Housing Element consists of three parts, the Needs Assessment, a Policy Document, and a Fair Housing Analysis. The Needs Assessment analyzes existing housing conditions and projected housing need through 2031, and includes analyses of housing needs and constraints to housing production and an inventory of sites available for residential use. The Policy Document includes goals, policies, and programs that respond to the housing needs, constraints, and issues identified in the Needs Assessment and serves as the City’s housing action plan for the next eight years. The Fair Housing Analysis identifies fair housing issues in the community and meaningful actions the City can take to work to overcome these issues.
Have questions?
City of Visalia
Brandon Smith, Principal Planner
[email protected]
Send us your comments:
To comment on the Public Review Draft, please use the green “Comments” button on the project website (housevisalia.com).
To email comments directly to the Project Team, please email Brandon Smith, Principal Planner at: [email protected] Newsletter Contents:
Overview and Remaining
Schedule (page 2)
Housing Element Contents and
Public Participation (page 3)
Existing and Special Needs
Housing Assessment (page 4)
Zoning for a Variety of Housing
Types (page 6)
Constraints (page 8)
Site Inventory and Analysis
(page 9)
Goals, Policies, and Programs
(page 10)
Affirmatively Furthering Fair
Housing (page 11)
How can you make a difference?
(page 12)
Upcoming Event: Upcoming Event:
City Council Work Session City Council Work Session
June 19, 4p.m., City Council Chambers June 19, 4p.m., City Council Chambers 707 W. Acequia Avenue707 W. Acequia Avenue
477
2 Overview and Remaining Schedule
What does a Housing Element do?
• Provides an assessment of both current and future housing needs • Identifies opportunities and constraints on housing production • Establishes goals, policies, and programs to meet housing needs • Updates City practices and regulations to reflect new State laws Why are we updating the Housing Element?
• Updates are required by State law in eight year “cycles” • Deadline for adoption is December 31, 2023
• Without a compliant Housing Element:
» The General Plan could be deemed inadequate and therefore invalid
» A non-compliant or invalid General Plan creates the potential for the City to be sued when making land use decisions
» The City would be ineligible for several Federal and State housing, community development, and infrastructure funding and grant programs
Next Steps:
1. Revise the Public Review
Draft Housing Element to
respond to public input
and comments from the
City Council
2. Submit the revised
Draft to the California
Department of Housing
and Community
Development (HCD) for
initial 90 -day review
3. Revise the Draft based
on HCD’s comments
4. Hold public hearings
with the Planning
Commission and City
Council to consider the
revised Housing Element
Remaining
Schedule
HCD = California Department of Housing and Community Development 478 3 Housing Element Contents
The Housing Element identifies and analyzes the existing and projected housing needs, documents constraints to housing production, provides a list of sites for housing development that are adequate to accommodate the City’s regional housing needs allocation, analyzes fair housing issues, and creates an action plan to provide for the housing needs of the community for the next eight years. An outline of the Housing Element is provided below and key chapters are explained on the following pages.
Public Participation
As part of the Housing Element update process, the City implemented the State’s public participation requirements in Housing Element law. In response to the need for public participation, City planning staff worked with the consultants to develop a robust community engagement program tailored to ensure the community and other stakeholders are engaged in the process and are given ample opportunities to provide input.
Project Website (housevisalia.com)
The project website serves as a central hub for information related to the 2023-2031 Housing Element Update and associated General Plan Updates. The webpage provides easy access to information on the project, including information and details about documents, surveys, and events, a “Comments” button on each page where residents can provide their thoughts to the project team 24/7, and a link to sign up for the email list.
To enhance accessibility, the project website includes a built- in translator to convert the website to Spanish and provided a range of accessibility tools to enhance website accessibility in compliance with the Americans with Disabilities Act (ADA).
Stakeholder Interviews
Throughout December 2022 and January 2023, Mintier Harnish, consultants for the City, conducted one-on-one and small group interviews with local housing developers, agencies, and housing and community health advocates to gain an understanding of the housing conditions, issues, and opportunities in the city. The input received during these interviews provides context to the consultants on housing needs and constraints in the community.
Housing Needs Survey
A Housing Needs Survey was distributed digitally and in hardcopy at events and city offices. The surveys were accessible to the public from November 1, 2022, to January 15, 2023. Additionally, in-person informational tables were set up at three locations:
a monthly community food pantry hosted by Family Services in December 2022, during a weekly Visalia Farmers Markets in January 2023, and a Visalia Home & Garden show in February 2023. A total of 273 residents completed the English survey, and 19 residents completed the Spanish survey.
Housing Element
Organization
The Housing Element is
organized under the following
chapters:
1. Introduction and Public
Participation
2. Existing and Special Needs
Housing Assessment
3. Zoning for a Variety of
Housing Types
4. Constraints
5. Site Inventory and Analysis
6. Goals, Policies, and
Programs
7. Affirmatively Furthering
Fair Housing
Engagement events to date:
• City Council Work Session
• Community Workshops (2)
• Stakeholder Interviews
• Housing Needs Survey
(English and Spanish)
• Site Inventory Mapping
Exercise
• Housing Element Technical
Advisory Committee
Meetings (3)
479
4 Existing and Special Needs Housing Assessment
This section discusses the existing housing needs of the city based on housing, demographic, and employment characteristics and summarizes the housing needs of “special” population groups as defined in State law. The purpose of this chapter is to establish “baseline” population, employment, and housing characteristics for Visalia. A description of each section of the chapter, as well as example tables are presented below.
Demographic and Employment Profile
This section analyzed the population of Visalia by age, race and ethnicity, household income, and employment characteristics and provides comparisons to the County and State. The table below compares population change from 2000 to 2020 for Visalia, Tulare County, and California. As shown Visalia has grown at a rate that outpaces growth in the county and state.
Population Change
Visalia, Tulare County, and California
2000, 2010, 2020
Visalia Tulare County California
2000 2010 2020 2000 2010 2020 2000 2010 2020
Population 91,891 124,442 141,384 368,021 442,179 473,117 33,871,648 37,253,956 39,538,223 Growth from
Previous Period - 32,551 16,942 - 74,158 30,938 - 3,382,308 2,284,267 CAGR from
Previous Period - 3.08% 1.29% - 1.85% 0.69% - 0.95% 0.60% Source: U.S. Census Bureau, Census 2000, 2010; Social Explorer tables for Census 2020.
Household Characteristics and Housing Supply
The section provides an analysis of household characteristics, such as household population, composition, size, tenure, and overcrowding. More simply stated, it summarizes the profile of Visalia residents living in private households, whether they are renters or owners, how many people live in a household, and if it is overcrowded. The section also analyzes the city housing inventory and supply, including a discussion of vacant units. The table below shows the percentage of households that are owner- or renter-occupied and compares these totals to the county and state.
Owner-Occupied and Renter-Occupied Housing Units
Visalia, Tulare County, and California
2012 and 2020
Visalia Tulare County California
Number Percent Number Percent Number Percent
2012
Owner-Occupied 23,721 56.9% 75,044 56.6% 6,781,817 54.0% Renter-Occupied 17,996 43.1% 57,570 43.4% 5,770,841 46.0% TOTAL 41,717 100.0% 132,614 100.0% 12,552,658 100.0%
2020
Owner-Occupied 25,950 59.2% 79,353 57.1% 7,241,318 55.3% Renter-Occupied 17,917 40.8% 59,691 42.9% 5,861,796 44.7% TOTAL 43,867 100% 139,044 100% 13,103,114 100%
Source: Tulare County Association of Realtors; Zillow, accessed February 2023 480
5 Housing Affordability
Identifying and evaluating existing housing needs are a critical component of the housing element.
This requires comparison of resident incomes with the local cost of housing. The analysis helps local governments identify existing housing conditions that require addressing and households with housing cost burdens or unmet housing needs. This section includes an analysis of housing cost burden, ability to pay for housing, and the cost of housing. The table below examines median home prices in Visalia from 2010 to 2022. As shown, prices have more than doubled over this time period.
Median Prices of Existing Homes and New Home Construction Visalia
2010 to 2022
2010 2012 2014 2016 2018 2020 2022
Median Price $153,200 $148,850 $194,900 $220,000 $256,950 $322,595 $372,961 Percent Change -23% -3% 31% 13% 17% 26% 16%
New Construction N/A $222,889 $265,286 $326,743 $288,304 $337,540 $369,450 Percent Change N/A N/A 19% 23% -12% 17% 9%
Source: Tulare County Association of Realtors; Zillow, accessed February 2023 Special Housing Needs
Within the general population of Visalia there are several groups of people who have special housing needs. These needs can make it difficult for members of these groups to locate suitable housing. This section discusses the special housing needs of six groups identified in State housing law: “elderly, persons with disabilities, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter.” The table below show data related to seniors.
The table below compares senior population and household totals for Visalia, Tulare County, and California.
Senior Populations and Households
Visalia, Tulare County, and California
2020
Visalia Tulare County California
Number Percent Number Percent Number Percent
Population
TOTAL POPULATION 133,100 100.00% 463,955 100.00% 39,346,023 100.00% TOTAL SENIORS 17,512 13.16% 52,826 11.39% 5,644,497 14.35% Male 7,559 5.68% 23,886 5.15% 2,511,445 6.38%
Female 9,953 7.48% 28,940 6.24% 3,133,052 7.96%
Households
TOTAL HOUSEHOLDS 43,867 100.00% 139,044 100.00% 13,103,114 100.00% Households with one or more people
65 years and over 12,795 29.17% 37,461 26.94% 3,923,027 29.94% 1-person household 4,659 10.62% 11,121 8.00% 1,256,365 9.59% 2-person household 8,136 18.55% 26,340 18.94% 2,666,662 20.35% - Family households 7,894 18.00% 25,609 18.42% 2,501,617 19.09% - Nonfamily households 242 0.55% 731 0.53% 165,045 1.26% Senior householder owner-occupied 7,816 61.09% 22,482 60.01% 2,340,689 59.67% Senior householder renter-occupied 2,747 21.47% 7,494 20.00% 858,161 21.87% Source: U.S. Census, American Community Survey, 2020 (5-year estimate), B11007, B25007, S0101. 481
Zoning for a Variety of Housing Types
State Housing Element Law (Government Code Sections 65583 and 65583.2) requires local governments to analyze the availability of zoning for a variety of housing types to promote a diverse housing stock (i.e., price, style, size). Having a variety of housing types contributes to neighborhood stability by offering more affordable housing options that meet the needs of different households. This section describes the zoning regulations for a variety of housing types topics and identifies regulations that are out of compliance with State law. When compliance issues are identified, the Housing Element must include a program committing the City to modifying the zoning code to bring it into compliance. Topics discussed in this section include:
• Density Bonuses. California Government Code requires local governments to provide density bonus provisions to projects that comply with specific standards. In 2021, the City of Visalia updated its Zoning Ordinance to default to State law in regard to density bonuses.
Since the City defers to State law, the City is in compliance with State law.
• Multifamily Rental Housing. Multifamily residential developments (80 units or less) are permitted by-right in the R -M-2 and R-M-3 zoning districts. Any proposed multifamily housing development with over 80 units in size requires a Conditional Use Permit (CUP). However, requiring a CUP for all developments over 80 units can constrain housing development on larger lots. In response to this potential constraint the Housing Element includes a program committing the City to increasing this CUP requirement threshold from 80 to 200 units.
• Manufactured (Factory-Built) Homes. California Government Code Sections 65852.3 and 65852.4 requires jurisdictions to allow the installation of manufactured homes on a foundation in the same manner and zones as all lots zoned for conventional single-family residential dwellings. Visalia’s zoning regulations are consistent with State law.
• Mobile Homes and Mobile Home Parks. Section 69852.7 of the California Government Code specifies that mobile home parks shall be an allowed use on “all land planned and zoned for residential land use.” City regulations comply with State law on this topic. • Farmworker / Agricultural Employee Housing. California Health and Safety Code Sections 17021.5 and 17021.6 requires employee housing for six or more to be considered a single-family dwelling, and housing up to 36 beds in group quarters or 12 single-family units to be considered an agricultural use. The Zoning Code was updated in 2020 for compliance with State law.
6 482
• Supportive and Transitional Housing. State law requires local jurisdictions to permit transitional and supportive housing as a residential use in all zones where residential uses are allowed and are not subject to any restrictions not imposed on similar residential dwellings (i.e., single-family, multifamily) of the same type in the same zone. The City of Visalia is in compliance with State law, except in the O-C zone where transitional and supportive housing requires a Conditional Use Permit, but allows residential units as a mixed use in an existing building containing one or more commercial or office uses by-right. The Housing Element includes a program to allow these uses in the O-C zone.
• Single-Room Occupancy Units (SROs). State law requires local jurisdictions to identify zoning and development standards that allow and encourage new SRO construction and include programs in their housing elements that commit to the preservation and rehabilitation of existing residential hotels and other buildings for SROs. The City is in compliance with State law related to SROs.
• Emergency Shelters. State law requires local jurisdictions to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use permit. In compliance with State law, emergency shelters are permitted by-right in the Light Industrial (I-L) zone, which has enough vacant and underutilized land to provide potential capacity to accommodate residents experiencing homelessness in the city.
• Low Barrier Navigation Centers. With the passage of Assembly Bill 101 in 2019, a Low Barrier Navigation Center (LBNC) is required to be permitted by-right in zones where mixed use and nonresidential zones permitting multi- family uses are permitted. Residential uses are allowed in any commercial, office, or industrial zone district with a conditional use permit. In compliance with State law, LBNCs are also allowed uses in these zones with a conditional use permit. • Accessory Dwelling Units (Second Dwelling Units). An accessory dwelling unit (ADU), also referred to as a second dwelling unit, is an additional self-contained living unit, either attached to or detached from the primary residential unit on a single lot. In recent years, the State has passed several laws to further encourage ADU development. The City of Visalia’s ADU Ordinance was last updated in 2017 and is not in full compliance with State ADU law. However, the City is currently undertaking an update to its ADU Ordinance to bring the City into compliance with the changes to State law that took effect between 2017 and 2023.
7483
8 Constraints
State law (Government Code Section 65583(a)(5) and (6)) requires local governments to review both governmental and non-governmental constraints to the maintenance and production of housing for all income levels. Local governmental actions such as zoning, development standards, and permitting fees can restrict housing development by increasing the cost and timeline of projects. State law also requires the housing element to establish program(s) that set forth actions to “address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities” (Government Code Section 65583(c)(3)).
Governmental Constraints
It is in the public interest for the government to regulate development to protect the health, safety, and general welfare of the community. Governmental regulations can directly influence, positively or negatively, the supply and production of housing in the community through zoning, land use controls, development standards, impact fees, on- and off-site improvement requirements, government codes and enforcement, and permitting and processing procedures.
By reviewing local conditions and regulations that impact the development of housing, a local government can prepare for future growth by implementing policies and actions that protect the public health, safety, and welfare without unduly constraining housing production.
This section discusses government regulations in the City of Visalia and assesses whether any are a potential constraint to affordable housing development.
Potential Environmental Constraints
This section discusses potential environmental constraints to housing development in Visalia.
Topics discussed in this section include:
• Flooding
• Hazardous Materials and Sites
• Noise
Non-Governmental Constraints
The availability and cost of housing is strongly influenced by market forces over which local governments have little or no control. Nonetheless, State law requires that the Housing Element contain a general assessment of these constraints, which can serve as the basis for actions to offset their effects.
All resources needed to develop housing in Visalia are subject to the laws of supply and demand, meaning that these resources may not always be available at prices which make housing development affordable. Thus, cost factors are the primary non-governmental constraints upon development of housing in Visalia. This is particularly true in the case of housing for lower and moderate-income households, where basic development cost factors such as the cost of land, required site improvements, and basic construction are critical in determining the income a household must have to afford housing.
This section analyzes non-governmental constraints in the City of Visalia, which include the availability and cost of financing affordable housing, land costs, and construction costs. 484
9 Site Inventory and Analysis
Government Code Section 65583(a)(3) requires local governments to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. The purpose of the sites inventory is to identify specific sites that are suitable for residential development in order to compare the local government’s regional housing needs allocation (RHNA) with its residential development capacity, as shown in the table below.
The Regional Housing Needs Allocation (RHNA)
The RHNA represents the minimum number of market rate and below market rate housing units each community is required to plan for by providing “adequate sites” through zoning.
The California Department of Housing and Community Development (HCD) and the Tulare County Association of Governments determine the number of housing units allocated for each city and county. The City, through the sites inventory, needs to identify land suitable for residential development that meets this need, including a required 15-30 percent buffer.
Through the Draft Housing Element, the City has identified sufficient capacity to meet the RHNA, with sufficient buffer, as shown in the table below. The Site Inventory and Analysis chapter maps residential sites and describes the methodology for calculating residential capacity. Please note, the properties identified have potential for residential development due to current or proposed zoning, however, owners are not compelled to develop or redevelop their property. Market forces will continue to drive development trends.
Regional Housing Needs Allocation and Sites Inventory, Visalia Lower Income
Moderate
Income
Above
Moderate
Income Total RHNA
Very Low
Income Low Income
Visalia RHNA 3,741 2,306 1,321 3,423 10,791
Credits toward the RHNA
Pending Projects 468 877 1 0 1,346
ADU Trends 0 0 0 64 64
Remaining RHNA 4,702 1,320 3,359 9,381
Sites Inventory
Sites Inventory 5,858 1,713 5,019 12,590
Total Credits + Sites 6,326 1,713 5,083 14,000
Surplus 1,156 393 1,660 3,209
Total % Buffer 25% 30% 49% 34%
Income Categories
A Very Low-Income Unit
is one that is affordable
to a household whose
combined income is
less than 50 percent of
the Area Median Income
(AMI), or $32,400 for a
4-person household.
A Low-Income Unit is
one that is affordable
to a household whose
combined income is at
or between 51 and 80
percent of the AMI, or
$32,401 and $51,850 for
a 4-person household.
A Moderate-Income Unit
is one that is affordable
to a household whose
combined income is at
or between 81 and 120
percent of the AMI or
$51,851 and $77,775 for
a 4-person household.
An Above Moderate-
Income Unit is one
that is affordable to
a household whose
combined income is
above 121 percent of
the AMI or $77,775 for a
4-person household.
485
10 Goals, Policies, and Programs (Policy Document)
The Policy Document includes goals, policies, implementing program, and quantified objectives for the development, rehabilitation, and preservation of housing. The Policy Document is an action plan that reacts directly to the findings of the Housing Needs Assessment and input from the community. The City will implement the actions specified in the Policy Document throughout the planning period.
The 2023-2031 Housing Element Policy Document includes nine goals, supported by policies and implementation programs that aim to address identified housing needs during the planning period.
The goals, policies, and programs of the Housing Element establish a policy framework to guide city decision-making to meet identified housing needs.
Goals
The housing goals are articulated as general “end condition statements,” which describe a desired outcome or end state.
The goals do not contain an action verb as they reflect a final statement of what the city hopes to achieve. Goals describe ideal future conditions for a topic and tend to be general and broad in nature. How the goal will be achieved is established via the applicable policies and programs.
Policies
Policies are statements on the position the City takes to implement a goal. Policies contained in the Housing Element are important statements as they provide a clear and
unambiguous statement that guides a specific course of action for decision-makers to achieve a desired goal. Future actions and development must be consistent with these policies.
Programs
While many policies can be implemented as part of standard City operations, some policies require specific programs to assure their implementation. Housing programs define the specific actions the City will undertake to achieve the stated goals and policies. An example program is included below.
Policy Document
Organization
The Policy Document is
organized under the nine
goal titles:
1. A Diversity of Housing to
Meet Local Needs
2. Mixed Use, Infill, and
Downtown Development
3. Affordable Housing
Development
4. Foreclosure Prevention
5. Special Needs Housing
6. Maintain Diverse Housing
Supply
7. Affirmatively Furthering
Fair Housing
8. Energy Efficiency
9. Implementation Time
A helpful note: goals, policies, and programs include source tags indicating if the item is “existing” or “new.” Existing items cite the goal, policy, or program number used in the previous Housing Element
HE Program 1.5 Project Status Report
The City shall continue to utilize its electronic permitting software to track the progress of development processing and shall, through the staff project coordinator, maintain a scheduled contact with individual applicants regarding the status and progress of their project. (Existing Program 1.6) 486
11 Affirmatively Furthering Fair Housing (AFFH)
In 2018, the California State Legislature passed Assembly Bill (AB) 686 to expand upon fair housing requirements and protections outlined in the Fair Employment and Housing Act. The law requires all State and local public agencies to facilitate deliberate action to explicitly address, combat, and relieve disparities resulting from past patterns of segregation to foster more inclusive communities. AB 686 created new requirements that apply to all housing
elements due for revision on or after January 1, 2021.
AB 686 added an assessment of fair housing to the Housing Element which includes the following components:
1. A summary of fair housing issues and assessment
of the City’s fair housing enforcement and outreach
capacity
2. An analysis of segregation patterns and disparities in access to opportunities
3. An assessment of contributing factors
4. An identification of fair housing goals and actions.
Contributing Factors
State law (AB 686) requires the identification and
prioritization of contributing factors to fair housing issues based on all the analysis.
Factors found to contribute to fair housing issues in Visalia include:
• Location and type of affordable housing
• Housing discrimination
• Land use and zoning patterns
• High cost of housing
• Lack of available affordable units in a range of sizes • Low resource areas concentrated in Downtown/central
Visalia
• Limited transit access
• High pollution burden
• Displacement of residents due to economic pressures
Meaningful Actions
To address fair housing issues in the community, the
Housing Element has included new actions in many
existing implementation programs, as well as several new programs. For more information, please see Table 85 in the Draft Housing Element.
What does Affirmatively
Furthering Fair Housing
Mean?
Affirmatively Furthering Fair Housing
means “taking meaningful actions, in
addition to combating discrimination,
that overcome patterns of segregation
and foster inclusive communities free
from barriers that restrict access
to opportunity based on protected
characteristics.”
AFFH Seeks to:
• Combat housing discrimination
• Eliminate racial bias
• Undo historic patterns of
segregation
• Lift barriers that restrict access
• Ultimately, foster inclusive
communities and achieve racial
equity, fair housing choice, and
opportunity.
Topics addressed in the
AFFH Analysis:
1. Fair Housing Enforcement and
Outreach Capacity
2. Integration and Segregation
Patterns and Trends
3. Racially and Ethnically
Concentrated Areas of Poverty/
Affluence
4. Disparities in Access to
Opportunity
5. Disproportionate Housing Needs
6. Other Relevant Factors, including
historical disinvestment, lack of
infrastructure improvements,
and presence of older affordable
housing units that may be at risk
of conversion to market-rate
housing.
487
12 How can you make a difference?
Get Involved!
For the Housing Element to truly represent the community’s vision for the future, we need your help. The success of this planning effort will depend on the input of the community, and we have provided a range of ways to hear your ideas for the future of Visalia. You can participate as much or as little as you like, from attending public meetings to providing input online from the comfort of your home.
Visit the Project Website
The project website (housevisalia.com) is the hub for timely updates with information on the status of the project, announcements of upcoming workshops and meetings, and publication of key documents.
Sign-up for Email Updates
You can join the email list on the project website (housevisalia.com).
By signing up, you will be notified when the City releases new documents and announces meetings, workshops, and other events.
Attend Work Sessions and Meetings
Not only are these great opportunities to learn about the Housing Element update, but meetings are also a great place to share your ideas and connect with the community. The next City Council work session is scheduled for June 19th, 2023, at 4p.m. at City Hall Council Chambers, 707 W. Acequia Avenue. See you there! Upcoming Event: City Council Work Session 488
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0238 Agenda Date: 6/19/2023 Agenda #: 4.
Agenda Item Wording:
Presentation on pro-active efforts being undertaken to deter the use of illegal fireworks and information on fun activities in the community to celebrate the holiday weekend.
Deadline for Action: N/A
Submitting Department: Fire Department
Contact Name and Phone Number: Fire Chief Dan Griswold and Kelli Kincaid, Parks & Recreation Director
Department Recommendation:
Background Discussion:
As Independence Day draws closer and celebrations begin, the City is coordinating pro-active City staff efforts to implement Council policy and deter the use of illegal fireworks through education, enforcement and fun options to celebrate over the holiday weekend.
In 2021, the Council substantially increased the fines issued for the use of illegal fireworks in the City of Visalia. The fee structure now begins at $2,000 for the first violation, escalates to $3,000 for the second violation, and to $4,000 for the third violation and each additional violation. Violations are tracked over a three-year period meaning, if a resident received a citation last year for $2,000, and is cited again this year, this year’s citation will be for $3,000.
For the 2023 fireworks season, the Fire Department is again focusing on preventing the use of illegal fireworks within the City of Visalia. Multiple social media messages were designed and have been shared across all City of Visalia social media platforms. Banners with information pertaining to fines for the use of illegal fireworks have been hung at all Visalia fire stations, and posters with fine information and how to report the use of illegal fireworks have been hung at all City facilities with public access. The website, www.visalia.city/celebratesafely, has been updated and provides a map showing the locations of all permitted Safe and Sane fireworks booths in the City of Visalia.
Additionally, the website provides safety tips for safe and sane fireworks use and pet safety. The website also provides the address of each fire station to encourage citizens to anonymously drop off illegal fireworks at Visalia fire stations for safe disposal.
Fire department personnel will again be hanging door hangers in the neighborhoods of the community impacted by illegal fireworks use. Approximately 2,000 door hangers will be placed in areas with high reports of use this year and in areas with high numbers of citations last year. The purpose of the door hangers is to provide community members with statistics on illegal fireworks use, information on the fines for the use of illegal fireworks, and the phone number to report the use of Visalia City Council Printed on 6/16/2023Page 1 of 3
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File #: 23-0238 Agenda Date: 6/19/2023 Agenda #: 4.
illegal fireworks. New for 2023, approximately 41,000 mailers have been added to City of Visalia utility bills. These mailers have the same information as the door hangers and are being added as an additional means of informing the public of the City’s illegal fireworks prevention efforts A call center will again be established on the evenings of July 3rd and 4th. The call center consists of 10 dedicated call-takers inputting the reports of illegal fireworks into a mapping system that feeds the information directly to patrol units in the field. The call center serves two purposes. First, the call center lowers the illegal fireworks burden on Dispatch during this exceptionally busy holiday and allows dispatchers to focus on standard operations and calls for service. Second, the call center provides a robust system for citizens to report their concern to a City employee with a minimal amount of wait time. Citizens can report illegal fireworks use by calling 559-513-8080. Reporting a specific address is most beneficial, but a general location, such as cross streets, may also be provided.
Currently, reports of illegal fireworks are on par with 2022. There will be dedicated patrols throughout the month of June with a significant unit increase around the Independence Day holiday. Staff is partnering with the Visalia Police Department for both preventive efforts and enforcement during patrol details. Each dedicated patrol unit will consist of a Visalia Police Officer and Visalia Fire Department member.
Enforcement, prevention, and education efforts will again be a joint effort across the county with neighboring departments working together to combat illegal fireworks use throughout the valley.
In 2021, the Council directed Fire Department staff to implement a rewards system as an incentive for citizens to assist with enforcement efforts. This rewards system provides a $500 reward for information leading to the citation of individuals selling illegal fireworks within the community. This rewards system helps catch individuals who are selling illegal fireworks in our community and potentially reduces the amount of illegal fireworks used within the community.
In addition, the Parks and Recreation Department reminds Visalians to celebrate Independence Day by remembering pet safety as well! Leave pets at home if going to a fireworks display. If fireworks are being used nearby, put pets in a safe interior room to avoid exposure to sound and make sure the backyard is secure so the pet cannot escape. Microchipping pets is a great way to help pets be returned if they are lost. Microchipping can be coordinated through contacting your veterinarian, or by calling City’s Animal Services at 559-713-4700 to schedule an appointment. Also, if your pet is already microchipped, now is the perfect time to ensure your contact information is up to date.
Please visit the Animal Services webpage at Visalia.City under Parks and Rec for additional information, including how to report a lost or found pet. Additional information on fireworks safety and community events can be found at Visalia.city/celebratesafely or by visiting the City of Visalia’s Facebook page.
The City of Visalia would like to offer Visalians options to celebrate Independence Day by offering several activities to enjoy.
The festivities will start on July 1, with a free public swim at Redwood High School pool, 12:30pm- 3:30pm. Along with a free Family Art Day, which will be hosted by Arts Visalia, 1:00pm-4:00pm at 214 E Oak Ave Visalia.
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File #: 23-0238 Agenda Date: 6/19/2023 Agenda #: 4.
Residents can also enjoy July 4 by participating in The Great American Race with a 5k or 10k run/walk at Riverway Sports Park! A discount code for Visalia residents is available.
A special offer is also available at the Visalia Adventure Park. Residents are welcome to enjoy a “Sun Pass” for $10/per person from, 11:00am-6:00pm on July 4.
Also on the 4th, Residents can join in at the Anthony Community Center to hoop it up starting at 9:00am-11:00am with free open gym hours. To complete the day, enjoy the July 4 Fireworks at Recreation Park directly after the Rawhide baseball game that starts at 7pm. Free ice cream will be offered in the park starting at 8:30pm, while supplies last.
Fiscal Impact:
The City Council authorized $10,000 to enhance the residents July 4th experience and will cover the cost of overtime incurred by having additional staff on duty to patrol on and near the 4th of July.
Recommended Motion (and Alternative Motions if expected):
No motion required.
Attachments: PowerPoint Presentation
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491
PRE -4TH OF JULY FIREWORKS DETAIL
AND CITY CELEBRATION PRESENTATION
Visalia Fire Department in partnership with Parks and Recreation 492
ENFORCEMENT
❑Illegal fireworks citation amounts begin at $2,000
for the first offence and increase to $3,000 for the
second and $4,000 for each additional.
❑Citations are tracked over a three-year period. If
a citizens first offence was last year and this year
they are caught again, the initial fine amount will be
$3,000.
493
PREVENTION
▪Social Media Posts
▪Banners hung at all stations
▪Visalia.city/celebratesafely
▪Fireworks safety tips
▪Pet safety tips
▪Fire station locations for fireworks disposal
494
PREVENTION CONTINUED
▪2,000 door hangers to be distributed throughout
the community.
▪Based on high volume call areas from previous years.
▪Also based on high citation areas with low call volumes. ▪Based on high volume call areas year to date.
▪41,000 utility bill mailers.
▪Include reporting number 559-513-8080
495
CALL CENTER
▪Will operate on July 3rd and 4th
▪10 dedicated call takers
▪Information will be relayed in live time to patrol units in the field
▪Lowers the burden on Dispatch
▪Provides citizens a direct line to call specifically designed to gather fireworks use data
496
PATROLS
▪Dedicated patrols throughout the month of June
▪Increasing saturation around the Independence Day
Holiday
▪Partnering with Visalia Police Department
▪Each patrol unit will be comprised on a Visalia Police Officer and Visalia Fire Department member
497
JOINT EFFORT VALLEY WIDE
▪Partnering with Tulare County, Tulare City and
Dinuba for united messaging, prevention and
enforcement
498
REWARDS SYSTEM
▪Council directed a rewards system be created for
reporting the sales of dangerous fireworks
▪$500 reward is being offered for information leading to the successful citation of individuals found to be illegally selling fireworks.
499
FIREWORKS SAFETY FOR
ANIMALS
500
501
We would like your pets to feel safe and secure.
Please contact Visalia Animal Services for questions
or lost animals at 559-713-4700
502
CELEBRATE INDEPENDENCE
DAY IN VISALIA!
503
010
C
504
WHAT: THE GREAT AMERICAN RACE
5k and 10k Run/Walk
WHERE: RIVERWAY SPORTS PARK
3611 N DINUBA BLVD.
WHO: VISALIA RESIDENTS SAVE 15%
USE CODE: READY SET GO VISALIA
MORE INFORMATION:
VISALIA4THOFJULYRACE.COM
FUN FOR EVERYONE!
505
TIME TO PLAY!
• WHAT: FUN IN THE SUN PASS, JUST
$10/PERSON
WATER SLIDES, MINI GOLF, & MORE!
• WHERE: ADVENTURE PARK
5600 W. CYPRESS AVE
• HOURS: 11:00am -6:00pm
• CODE: USE VISALIAJULY4VIBES TO
RECEIVE DISCOUNT
506
COMMUNITY BASKETBALL
WHAT: FREE OPEN GYM
WHERE: ANTHONY COMMUNITY CENTER
345 N JACOB ST.
HOURS: 9:00 – 11:00 A.M.
507
VISALIA RAWHIDE BASEBALL
WHERE: RECREATION PARK 345 N JACOB STREET
WHEN: DIRECTLY FOLLOWING THE RAWHIDE BASEBALL - GAME STARTS @ 7pm WHAT TO BRING: GOOD VIBES & LAWN CHAIRS
FREE: ICE CREAM STARTING @ 8:30P .M.
(While supplies last)
508
CONTACT:
[email protected]
CALL: 559.713.4365
509
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0249 Agenda Date: 6/19/2023 Agenda #: 1.
Agenda Item Wording:
Commemoration of Juneteenth: Happy Juneteenth! The first observed day of when African Americans first officially heard of their legally enforceable emancipation back on June 19, 1865.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0018 Agenda Date: 6/19/2023 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0257 Agenda Date: 6/19/2023 Agenda #: 2.
Agenda Item Wording:
Authorize one-time lump sum discretionary payment for active hourly employees.
Deadline for Action: 6/19/2023
Submitting Department: Administration
Contact Name and Phone Number: Leslie Caviglia, 713-4317 Department Recommendation:
Department Recommendation: Staff recommends Council approve a one-time discretionary payment for employees in accordance with previous Council action Background Discussion:
In an effort to recognize City hourly employees for their continuing efforts and hard work during challenging times, in a closed session meeting on May 15, 2023, City Council gave direction to provide a one-time lump sum discretionary payment for approximately 200 active hourly employees as follows:
• $500 for employees who have worked 500 or more hours this fiscal year* • $200 for employees who have worked 201 - 500 hours this fiscal year* • $100 for employees who have worked 1 - 200 hours this fiscal year* *July 1, 2022 through June 2, 2023
The lump sum will be included on the June 23, 2023 paycheck. Only those employees on payroll and receiving a paycheck on that date are eligible. CalPERS retired annuitants are not eligible to receive the bonus payment.
Fiscal Impact:
Approximately $51,400
Prior Council Action: Closed session 5/15/2023
Other: n/a
Alternatives: Provide alternative direction
Recommended Motion (and Alternative Motions if expected):
I move to authorize payment of discretionary payments to hourly employees as outlined.
Environmental Assessment Status: n/a
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File #: 23-0257 Agenda Date: 6/19/2023 Agenda #: 2.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0003 Agenda Date: 6/19/2023 Agenda #: 3.
Agenda Item Wording:
Authorize the City Manager to file a Notice of Completion for the construction of the FY 22-23 Reclamite Project (CIP 1410-72000/CP0248-999 & CIP 2730-72000/CP8358-999).
Deadline for Action: None.
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Alejandro Ortega, Associate Engineer, [email protected], 713-4164 Chantha Chap, Civil Engineer, [email protected], 713-4418 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:
Staff recommends that City Council authorize the City Manager to file a Notice of Completion for the FY 22-23 Reclamite Project.
Summary and Background:
The City currently utilizes multiple pavement preservations methods including, but not limited to Reclamite, Cape Seal, and Crack Seal. The streets are analyzed through the City’sPavement Management Program to determine cost-effective maintenance recommendations, while optimizing the expenditures of limited fiscal resources.
This annual Reclamite Project was developed based on a project list developed from the Pavement Management Program in combination with field investigations. To increase the longevity of pavement surfaces, it is imperative for the City to perform the correct preventative maintenance treatment to streets at the appropriate time. Applying Reclamite at this life-stage of the selected streets is beneficial as it extends the pavements life at a relatively inexpensive price. Without this preventive maintenance, as streets continuously deteriorate, future maintenance becomes more expensive and more time consuming.
This iteration of the Reclamite project focused on specific streets located in the Northeast quadrant of the City as shown in the attached map. The contractor, Talley Oil out of Madera, CA, completed the FY 22-23 Reclamite Project within budget and without any change orders. The project was publicized through the City’s social media and the contractor’s own notification process, which minimized resident complaints.
Fiscal Impact:
This project was funded by Measure N and Landscape and Lighting Districts (L&L). Since L&L District funds cannot be used for other areas in the City, the project was separated into two:
CP0248 - Measure N (Fund 141)
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File #: 23-0003 Agenda Date: 6/19/2023 Agenda #: 3.
CP8358 - L&L (Fund 273)
Each L&L District maintains its own fund balance for which any maintenance activity (i.e. landscaping, pavement rehabilitation, etc.) performed within that district is charged. Older assessment districts were not assessed to cover pavement rehabilitation maintenance at the time of formation. In these cases, Measure N Funds are used to cover pavement maintenance costs.
The budget for each project are as follows:
Measure ‘N’ Reclamite Project for 2022 - 2023 (No. 1410-72000/CP0248-999) $1,200,000 L&L Reclamite Project for 2022 - 2023 (No. 2730-72000/CP8358-999) $ 252,000.
Total cost of the FY 22-23 Reclamite Project (Measure N) at completion was $753,418.67. Below is a breakdown of costs associated with this project.
Budget Summary: FY 22-23 Reclamite Project, CP0248 (Measure N Fund) Project Budget $1,200,000.00
Project Costs:
Construction Cost $ 718,124.67
Construction Management & Inspection $ 25,000.00
Permit Fees & Material Testing $ 10,294.00 Total Project Cost $ 753,418.67
Project Budget Surplus (Measure N) $ 446,581.33
Total cost of the FY 22-23 Reclamite Project (L&L) at completion was $70,270.70. Below is a breakdown of costs associated with this project.
Budget Summary: FY 22-23 Reclamite Project, CP8358 (L&L Fund) Project Budget $ 252,000.00
Project Costs:
Construction Cost $ 70,270.70
Total Project Cost $ 70,270.70
Project Budget Surplus (L&L Fund) $ 181,729.30
Unexpended funds following closeout of the project will be returned to their respective fund sources.
Prior Council Action:
July 18, 2022: City Council authorized the City Manager to award the FY 22-23 Reclamite Project to Talley Oil of Madera, Ca in the amount of $792,462.93.
Alternatives:
None recommended.
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File #: 23-0003 Agenda Date: 6/19/2023 Agenda #: 3.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to file a Notice of Completion for the FY 22-23 Reclamite Project.
Attachments:
1) Reclamite Project Map
2) Contractor Disclosure Form
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Hwy 198 E Noble Ave
E Houston Ave
E Main St
E Mineral King Ave
Rd 144
W Main St
N Giddings St
N Dinuba Blvd
W Noble Ave
Rd 132
E Goshen Ave
N Cain St
N Lovers Lane
W Houston Ave
W Ferguson Ave
W Sedona Ave
W Murray Ave
Ave 313
W Center Ave
W Kaweah Ave
E St Johns Pkwy
W Mineral King Ave
W Prospect Ave
W Shannon Pkwy
Tower Rd
N Santa Fe St
E Center Ave
N W
illis St
N Floral St
Private St
N Burke St
E Acequia Ave
N Jacob St
N Bridge St
N Highland St
N Ben M
addox W
ay
N Leslie St
N Garden St
W Grove Ave
E School Ave
N Court St
W Robin Ave
Rd 148
N Stevenson St
N M
c Auliff St
N Turner St
N Church St
W Elowin Ave
E Stapp Dr
E Mill Creek Pkwy
N Vista St
N Encina St
N W
est St
W Burrel Ave
S Burke St
W Acequia Ave
E Riggin Ave
NE 1st Ave
N Com
stock StNE 3rd Ave
NE 2nd Ave
W School Ave
W Porter Ave
W Race Ave
N Park St
N M
ooney Blvd
N Conyer St
NW 1st Ave
Pearl St
N Virm
argo St
W Harold Ave
NW 3rd Ave
E Kaweah Ave
Alley
Rd 146
N Elm
St
N Hall St
E Murray Ave
W Crystal Ave
N Irm
a St
N Vista Dr
E Race Ave
E Wren Ave
S M
ooney Blvd
N Fairway St
N Arroyo St
N Liberty St
W Goshen Ave
N St Johns Pkwy
S W
est St
N Locust St
N Quail Dr
NE 4th Ave
E Duran Dr
W Robin Dr
W Corvina Ave
N Rinaldi St
N Enos St
E Vine Ct
S Cain St
W Clinton Ave
W Vine Ave
E Sweet Ave
E Vista Dr
N Velie Ct
E Oak Ave
E Sedona Ave
N Stover St
N Green St
W Sweet Ave
W Perez Ave
W Riggin Ave
S Court St
N Edison St
N Gowdy St
E Douglas Ave
N Tipton St
E Shannon Pkwy
E Harold Ave
Rio Ct
S Arkle St
S Locust St
N Oak Park St
W Dove Dr
N Divisadero St
E Stapp Ct
S Vista St
E Robin Ave
N M
idland St
S Sim
on St
S Dollner St
E Manzanita Dr
N Shady St
W Modoc Ave
S Bridge St
E Roosevelt Ave
E Margalo Ave
N Sol St
N M
anzanita St
E Atkins Ave
S Lovers Lane
E Stapp Ave
N M
aple St
S Dunworth St
N Amador St
W Sunnyview Ave
W Wren Dr
W Payson Ave
N Sol Ct
N Jacob Ct
W Club Dr
W Dove Ave
E Auburn Dr
W Oriole Ave
N Citrus St
E Cecil Ave
S Sol St
W Buena Vista Ave
E Grove Ave
N Todd St
N Tracy St
E Birch Ave
N Palm
St
N M
adera St
W Switzer Ave
E Ferguson Ave
E Sunnyview Ave
N Turner Ct
N Sim
on St
W Babcock Ave
NE 5th Ave
N Canary Dr
E Modoc Ave
E Valley Oaks Dr
W Lark Ave
E Harold Ct
E Delta Ave
N Hall Ct
N Sum
ter St
E Buena Vista Ave
W Olive Ave
N Goddard St
N Dunworth Ct
N Clark St
S Sol Ct
N Citrus Ct
N Rinaldi Ct
N Cotta Ct
S Oakhurst St
W Harold Ct
N Central St
N Herm
osa St
E Sycamore Ave
W Wren Ave
N Shady Ct
N Clay St
N Thom
as St
N Sowell Ct
S Church St
E Riverbend Ct
N River Run St
W Flagstaff Ave
N Elm
Ct
N Edison Ct
N Central Ct
N Bradley St
W Oak Ave
N Dudley St
N Arkle St
N Om
alley St
E Center Ct
E Prospect Ave
E Stewart Ct
E Delta Ct
S Santa Fe St
N M
ora Ct
E Cecil Ct
E Elowin Ct
N Encina Ct
S M
artin St
E Villoy Ave
N Thom
as Ct
E Murray Ct
W Lipson Ct
N Grand Ct
N M
oreno Ct
N Alder St
E Finni Ct
E Babcock Ct
S Bradley Ct
N Garcia St
N Dollner St
N Dayton Ct
E Myrtle Ave
E Janelli Ct
E Willow Ave
E Woodsville Ct
W Goshen Ave
Alley
Alley
E Oak Ave
N Giddings St
Alley
Alley
N Tipton St
N Ben M
addox W
ay
Hwy 198
W Perez Ave
N W
est St
E Vine Ct
W Race Ave
N Jacob St
Alley
E Vine Ct
N Rinaldi St
Alley
E Douglas Ave
E Ferguson Ave
E Sunnyview Ave
W Vine Ave
Alley
N Locust St
Alley
Private St
Alley
Hwy 198
N Court St
N Dudley St
E Douglas Ave
N Court St
E Sweet Ave
N Burke St
W Riggin Ave
N Mc Auliff St
N Bridge St
Alley
N Irm
a St
E Sweet Ave
N Turner St
E Noble Ave
N Liberty St
Rd 146
W Sunnyview Ave
N Sol St
N Shady St
W Riggin Ave
N Hall St
E Kaweah Ave
W Vine Ave
N Elm
St
Alley
Alley
N W
illis St
N Highland St
N Turner St
N Shady St
E Race Ave
E Sycamore Ave
N Goddard St
N Jacob St
W Porter Ave
E Vine Ct
E Oak Ave
N Leslie St
W Buena Vista Ave
FY 22-23 Reclamite Project
¯
0 0.35 0.7 1.05 1.40.175
Miles 06/23/2022
Legend
Area A (Measure N)
Area B (L&L District)
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0185 Agenda Date: 6/19/2023 Agenda #: 4.
Agenda Item Wording:
Authorize the Visalia Police Department to apply for a $280,000 three (3) year Grant from the State of California Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant Program and submit the application by July 7, 2023.
Deadline for Action: 6/19/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]> ; Captain Andrew Swarthout, ext. 4035.
[email protected] <mailto:[email protected]> ; Financial Analyst Liz Ybarra, ext.4250, [email protected] <mailto:[email protected]> Department Recommendation:
Authorize the Visalia Police Department to apply for the BSCC Organized Retail Theft Prevention Grant Program and submit the application by July 7, 2023. California SB154 (Appendix A) made available $242,250,000 funding for city and county law enforcement departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle and cargo theft. Fixed mount automated license plate reader (ALPR) cameras are capable of scanning and reading vehicle license plates at a range up to 50 feet in front of the vehicle and at an angle of 60 degrees from the camera. The software reads license plates and can identify vehicle license plates and compare them to license plates that have been entered into the Stolen Vehicle System (SVS), the National Crime Information Center (NCIC), or manually entered as a wanted vehicle by the Department. This tool will be significant in helping the Department increase the rate of criminal apprehension and vehicle recovery related to vehicle theft and violent crime.
Summary:
The Visalia Police Department has thoroughly researched various methods to prevent and respond to organized retail theft, motor vehicle and motor vehicle accessory theft, and cargo theft within the City of Visalia. Nationwide, fixed mount ALPR cameras have had a tremendous impact on reducing these types of crimes that affect our community. While fixed mount ALPR cameras are relatively inexpensive when compared to their abilities, a sufficient deployment of fixed mount ALPR cameras is costly. Staff have researched numerous ways to fund the purchase of fixed mount ALPR cameras and discovered the BSCC Organized Retail Theft Prevention Grant Program.
Background Discussion:
Fixed mount ALPR cameras work by identifying vehicle license plates that have been entered in the Stolen Vehicle System, National Crime Information Center, or manually entered by sworn officers within the Department.
With an increase in auto-theft and retail theft rates, fixed mount ALPR camera technology has been Visalia City Council Printed on 6/16/2023Page 1 of 3
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File #: 23-0185 Agenda Date: 6/19/2023 Agenda #: 4.
With an increase in auto-theft and retail theft rates, fixed mount ALPR camera technology has been shown to be an effective tool in recovering stolen vehicles as well as arresting wanted offenders.
Fixed mount ALPR cameras are a valuable tool in the Department’sefforts to reduce part one crimes in the community.
In addition to an effective response for auto-theft related crimes, fixed mount ALPR cameras can also provide significant benefits through its community care taking functions and as an investigatory tool.
Fixed mount ALPR cameras allow staff to enter license plates for missing persons that are considered at-risk. This allows staff to proactively enter license plate information quickly which is pushed out to all fixed mount ALPR cameras. This same feature can assist staff in criminal investigations by allowing staff to enter plates for vehicles that are associated with wanted offenders.
Investigators can also use previously scanned license plates to identify if subjects were observed traveling to or from a crime scene. Finally, fixed mount ALPR cameras can identify license plates associated with law enforcement-based alerts that are generated and shared nationwide, such as known retail theft offender groups.
Fiscal Impact:
If the grant is awarded, Staff will go to Council for the required resolution and appropriation of funds.
Expenditures must be completed between October 1, 2023, through December 31, 2026. Staff will have until June 1, 2027, to submit final reporting and evaluation. The Grant requires a final audit due no later than June 1, 2027, and shall be performed by a CPA or Independent City Auditor. Expense for the audit will be reimbursed for actual cost up to $25,000.
The grant also requires a set aside of $75,000 for the potential cost of using an outside evaluator.
The Grant encourages this process but is not mandatory. The grant budget will include the cost for audit and evaluation services. If the grant is awarded additional information will be provided on the required evaluation plan and final evaluation report. There is no match requirement for this grant.
Supplanting of funds is not allowed and the grant must be used for a new program or to enhance an existing program.
The estimated annual cost of the software licenses and equipment is $60,000 which provides the Department with 16 cameras. The Grant will allow the Department to evaluate the equipment for three (3) years and at the end determine if it should be continued if future funding is available..
Funding must last for the entirety of the Grant. Applicants should be notified of the award by September 15, 2023.
Staff will be requesting $280,000 in funding from the grant.
Fixed Mount ALPR
Cameras
Audit Evaluator Total
$180,000 for 3 years $25,000 $75,000 $280,000
Prior Council Action: N/A
Other: N/A
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File #: 23-0185 Agenda Date: 6/19/2023 Agenda #: 4.
Alternatives: Not allow staff to apply for the California Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant Program.
Recommended Motion (and Alternative Motions if expected):
Authorize the Visalia Police Department to apply for a $280,000 three (3) year Grant from the California Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant Program and submit the application by July 7, 2023.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Grant Proposal Packet
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Organized Retail Theft Prevention
Grant Program
Release Date: April 14, 2023
Letter of Intent due: May 15, 2023
Proposals Due: July 7, 2023
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Table of Contents | Page 1
Part I: Grant Information
Background Information ................................................................................................. 1 Contact Information ........................................................................................................ 1 Proposal Due Date and Submission Instructions ........................................................... 1 Virtual Bidders’ Conference ........................................................................................... 2 Notice of Intent to Apply ................................................................................................. 2 Scoring Panel ................................................................................................................ 3 Description of the Grant ................................................................................................. 3 Funding Information ..................................................................................................... 10 Data Collection, Reporting, and Evaluation Requirements .......................................... 12 General Grant Requirements ....................................................................................... 13 Overview of the RFP Process ...................................................................................... 17 Part II: Proposal Instructions
Proposal Narrative Instructions .................................................................................... 20 Proposal Budget Instructions ....................................................................................... 24 Part III: Appendixes
Appendix A: Senate Bill 154 ........................................................................................ 27 Appendix B: Project Work Plan .................................................................................... 30 Appendix C: Glossary of Terms ................................................................................... 32 Appendix D: Grantee Assurance for Non-Governmental Organizations ...................... 35 Appendix E: Local Impact Letter(s) .............................................................................. 37 Appendix F: Letter(s) of Commitment .......................................................................... 38 Appendix G: Certification of Compliance with BSCC Polices on Debarment, Fraud, Theft and Embezzlement ...................................................................................................... 39 Appendix H: Governing Board Resolution ................................................................... 40
Table of Contents
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Proposal Instruction Packet | Page 1
Background Information
The State Budget Act of 2022 (Senate Bill 154, Chapter 43, Statutes of 2022) established the Organized Retail Theft Prevention Grant Program. Funding is available to California city police departments, sheriff departments, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
Contact Information
This Request for Proposal (RFP) Instruction Packet provides the necessary information to prepare a proposal to the Board of State and Community Corrections (BSCC) for the Organized Retail Theft Prevention Grant Program.
The BSCC staff cannot assist the applicant or its partners with the preparation of the proposal. Any questions concerning this RFP, the proposal process, or the submission process must be submitted by email to:
The BSCC will accept and respond to written questions until June 12, 2023. A frequently asked questions and answers (FAQs) document will be posted to the BSCC website and periodically updated through June 16, 2023.
Proposal Due Date and Submission Instructions
Organized Retail Theft Prevention Grant Program proposals must be received by 5:00 P.M. (PST) on Friday, July 7, 2023.
Submission Instructions
Applications for the Organized Retail Theft Prevention Grant Program must be submitted through the BSCC -Submittable Application portal . The BSCC -Submittable Application portal, Organized Retail Theft Prevention Grant Program Application, and all required attachments are available on the BSCC website.
To apply for this funding opportunity, applicants must create a free Submittable account OR use an existing Submittable account when prompted. After an account is established, applicants may proceed with the application process. As part of the submission process, applicants will be required to download mandatory forms that must be completed, signed, and uploaded to the BSCC-Submittable Application portal. All required documents are available on the BSCC website.
The BSCC-Submittable Application will not allow submissions after 5:00 p.m. (PST) on July 7 , 2023. Please allow sufficient time to begin and submit your application. If the BSCC does not receive a submission by 5:00 p.m. (PST) on July 7, 2023, the proposal will not be considered for funding. Applicants are strongly advised to submit proposals well in advance of the due date and time to avoid disqualification.
PART I: GRANT INFORMATION
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Proposal Instruction Packet | Page 2
Once you have successfully submitted your application and all required attachments, you will receive an email acknowledging your application has been received. If you experience challenges with your submission, please email the BSCC at : [email protected]. Be advised that applicants contacting the BSCC at the close of the submission due date/time may not receive timely responses. Please allow sufficient time for BSCC staff to provide technical assistance.
Virtual Bidders’ Conference
Prospective applicants are invited to attend a virtual Bidders’ Conference. Attendance at the virtual Bidders’ Conference is not a requirement. The purpose of this Bidders’ Conference is to answer technical questions from prospective bidders (applicants) and provide clarity on RFP instructions. Topics may include, but are not limited to, proposal submission instructions, eligibility, funding, and an overview of the rating factors. Bidders’ Conference details are listed below:
Organized Retail Theft Prevention Grant Program
Virtual Bidders’ Conference
Thursday, May 11, 2023, at 10:00 A.M.
Public access options for this meeting include:
Join by Zoom:
• https://us02web.zoom.us/j/86328175681?pwd=M0hTVVJ2SCtTbWFRUWxiW mtXRVRLQT09
• Meeting ID: 863 2817 5681| Passcode: 959280
Call In:
• 1-669-900-9128
• Meeting ID: 863 2817 5681| Passcode: 959280
Notice of Intent to Apply
Prospective a pplicants are asked (but not required) to submit a non- binding letter indicating their intent to apply. These letters aid the BSCC in planning for the proposal evaluation process. Please submit your letter in Microsoft Word or as a PDF.
There is no formal template for the letter, but it should include the following information:
1. Name of the applicant entity;
2. Name of a contact person; and
3. A brief statement indicating the applicant’s intent to submit a proposal.
Failure to submit a Letter of Intent is not grounds for disqualification. Prospective applicants that submit a Letter of Intent and decide later not to apply will not be penalized. 526
Proposal Instruction Packet | Page 3
Please email your non-binding Letter of Intent to Apply by Monday, May 15, 2023. Please identify the email subject line as “ ORT Letter of Intent” and submit the letter to:
Scoring Panel
To ensure successful program design and implementation, the BSCC uses Executive Steering Committees (ESC) and Scoring Panels to inform decision making related to the Board’s programs. The BSCC’s ESCs and Scoring Panels are composed of subject matter experts, community partners, and interested parties representing both the public and private sectors. The BSCC makes every attempt to include diverse representation on its ESCs and Scoring Panels, in breadth of experience, geography and demographics.
The Organized Retail Theft Prevention Grant Program will convene a Scoring Panel. The Scoring Panel will read and rate submissions and develop funding recommendations for the Board. The Board may approve, reject, or revise those recommendations. Members of the Scoring Panel are not paid for their time but are reimbursed for travel expenses incurred to attend meetings. If the BSCC is unable to convene a full Scoring Panel, BSCC staff may rate proposals. Please check the BSCC website for updated information on the Scoring Panel.
Conflicts of Interest
Existing law prohibits any grantee, subgrantee, partner, or like party participat ing on the Organized Retail Theft Prevention Grant Program Scoring Panel from receiving funds from the grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Scoring Panel membership roster and ensuring that no grant dollars are passed through to any entity represented by any member of the Scoring Panel.
Description of the Grant
The Organized Retail Theft Prevention Grant Program was established in Senate Bill 154 (SB 154) (Appendix A). Per SB 154:
Grant funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft. Permissible uses of grant funds include, but are not limited to, purchase of technology or other equipment to help deter strategies for preventing or responding to crime. These funds shall be used to supplement and not supplant existing funds for these activities.
All entities receiving grant funding shall be required to comply with all applicable privacy laws and regulations.
Grants shall be made on a competitive basis to localities that can demonstrate, using data, that organized retail theft, motor vehicle or motor 527
Proposal Instruction Packet | Page 4
vehicle accessory theft, or cargo theft pose a significant problem in their jurisdictions.
An applicant shall submit a proposal, in a form prescribed by the Board of State and Community Corrections, which shall include, but not be limited to, the following:
a) Data demonstrating the nature and scale of the specific crime problem, which the applicant proposes to address using grant funds. b) Clearly defined and measurable objectives for this grant. c) A description of how the applicant proposes to use the grant funds to achieve the stated objectives, including any plans to coordinate or collaborate with other entities such as public agencies, community organizations, or retailers.
d) A discussion of research or other evidence indi cating that the proposed activities would likely achieve the intended objectives. e) A discussion of how the applicant plans to sustain the proposed activities after grant funds expire or an explanation of why proposed activities are limited term in nature.
f) A description of existing or proposed policies to limit racial bias in utilizing these funds.
g) If proposing an investment in surveillance technologies, a description of existing or proposed policies to govern the use of those technologies, including how the applicant will comply with applicable privacy laws and secure any data collected or stored.
The Board of State and Community Corrections shall post to its public website all applications received.
In awarding grants, the Board of State and Community Corr ections shall give preference to applicants whose grant proposals demonstrate the greatest need for additional resources and likelihood of success in reducing organized retail theft, motor vehicle or motor vehicle accessory theft, and cargo theft.
In support of these efforts, each applicant will develop a Project Work Plan that identifies measurable project goals, objectives, and commensurate timelines (Appendix B). Please reference the Glossary of Terms (Appendix C) to view key definitions for this RFP.
Eligibility to Apply
Eligible applicants are California police departments, sheriff departments, and probation departments.
Applications must be submitted by the City Council, Board of Supervisors , or the Chief County Administrative Officer. Eligible applicants may not submit more than one (1) proposal for funding consideration. However, two (2) or more applicants may submit a 528
Proposal Instruction Packet | Page 5
collaborative proposal (e.g., multi -agency proposal) . The agencies and ju risdictions comprising the collaborative application are not required to be contiguous.
Lead Public Agency
All applicants are required to designate a Lead Public Agency (LPA) to serve as the coordinator for all grant activities. The LPA is a governmental agency with local authority within the applicant city or county. The applicant may choose to fill the role of LPA itself or it may designate a department, agency, or office under its jurisdiction to serve as the LPA. The role of the LPA is to coordinate with local government agencies and non- governmental organizations to ensure successful implementation of the grant program.
The LPA is responsible for data collection and management, invoices, meeting coordination (virtual and/or in-person) and will serve as the primary point of contact with the BSCC.
Eligible Activities
Applicants must propose activities , strategies, or programs that address a minimum of one (1) of the following Program Purpose Areas (PPAs):
• PPA 1: Organized Retail Theft
• PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft • PPA 3: Cargo Theft
Applicants may implement new activities, strategies, or programs, OR expand existing activities, strategies, or programs (without supplanting funds - see supplanting definition in the General Grant Requirements).
Organized Retail Theft Prevention Grant - Program Purpose Areas (PPA)
PPA 1: Organized Retail Theft
For the purposes of the PPA, the definition of organized retail theft is adopted from Penal Code section 490.4.
Organized Retail Theft is defined as acting in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value, acting in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acting as the agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of a plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft.
All proposed activities, strategies, or programs must have a link to the Organized Retail Theft Prevention Grant Program as described in the authorizing legislation and this RFP.
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For the purposes of this PPA, eligible activities, strategies, or programs, include but are not limited to:
• Programs that promote collaboration and coordination between law enforcement and retailers to reduce organized retail theft.
• Programs that promote collaboration and coordination between l aw enforcement and District Attorney Offices to prosecute organized retail theft. • Development of organized retail theft policies and procedures, memorandum of understanding (MOU), and/or formal agreements between law enforcement and retailers.
• Deployment of law enforcement officers and taskforces to combat organized retail theft.
• Use of proactive approaches to minimize organized retail theft risks (e.g., anti-theft devices, use of cameras and security systems).
• Use of databases, equipment, software, and technology to combat organized retail theft.
PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft
For purposes of this PPA, the definition of motor vehicle theft shall have the same meaning as California Vehicle Code s ection 10851, which defines vehicle theft or the unlawful taking of a vehicle as when any person who drives or takes a vehicle not his o r her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing. Motor vehicle theft may also include violations of Penal Code section 487, subdivision (d)(1) .
Motor vehicle accessory theft may include the theft of any part of the vehicle or accessory thereof, including, but not limited to, violations of Penal Code sections 487 and 488.
For the purposes of this PPA, eligible activities, strategies, or programs, include but are not limited to:
• Investigations of motor vehicle and motor vehicle accessory theft. • Motor vehicle theft prevention public awareness campaigns. • Programs that deter motor vehicle or motor vehicle accessory theft. • Use of databases, equipment, software, and technology to track stolen motor vehicles and/or motor vehicle accessories to combat organized retail theft.
PPA 3: Cargo Theft
For purposes of this PPA , cargo theft shall mean t he unlawful taking of any cargo including, but not limited to, goods, chattels, money, or baggage that constitutes, in whole or in part, a commercial shipment of freight moving in commerce, from any pipeline system, railroad car, motor truck, or other vehicle, or from any tank or storage facility, station house, platform, or depot, or from any vessel or wharf, or from any aircraft, air terminal, airport, aircraft terminal or air navigation facility, or from any intermodal container, intermodal chassis, trailer, container freight station, warehouse, freight distribution facility, or freight consolidation facility. For purposes of this definition, cargo shall be deemed as moving in commerce at all points between the point of origin and the 530
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final destination, regardless of any temporary stop while awaiting transshipment or otherwise. Cargo theft shall also include violations of Penal Code section 487h.
For the purposes of this PPA, eligible activities, strategies, or programs, include but are not limited to:
• Investigations of cargo theft.
• Programs that promote collaboration and co ordination between law enforcement and commercial cargo operators (trains, truck, busses, etc.) to reduce organized
cargo theft.
• Programs that promote collaboration and coordination between commercial cargo operators and District Attorney Offices to prosecute organized cargo theft. • Use of databases, equipment, software, and technology to prevent and track stolen cargo.
Grant
Period
Proposals selected for funding will be under agreement from October 1, 2023 to June 1, 2027 with the BSCC. The grant agreement service period covers October 1, 202 3 and ends on December 31, 2026. However, an additional six (6) months (January 1, 2027, to June 1, 2027) will be included in the term of the grant agreement for the sole purposes of finalizing and submitting a required Local Evaluation Report and finalizing and submitting a required financial audit.
A visual illustration of the grant agreement period is provided below:
October 1, 2023 to June 1, 2027
Implementation Service Delivery Service Delivery Service Delivery Data Evaluation/ Closeout
Up to 6-Months Year 1 Year 2 Year 3 Up to 6-Months
October 1, 2023 -
April 1, 2024
Start Date -
December 31, 2024
January 1, 2025 -
December 31, 2025
January 1, 2026 -
December 31, 2026
January 1, 2027, -
June 1, 2027
Implementation
period for hiring,
procurement, and
other activities that
facilitate a timely
start.
Grantees who do not
need the full
implementation
period can begin
service delivery at
any time once under
contract.
Service delivery and data collection
Service delivery and data collection
Service delivery and data collection Data analysis and
evaluation period to
analyze data
gathered during the
service delivery
period.
Only expenses
incurred for
evaluation efforts
may be incurred in
this period.
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Criteria for Non-Governmental Organizations
Applicants for the Organized Retail Theft Prevention Grant Program may elect to partner, contract, or establish agreements with non -governmental organizations (NGOs) 1 in the implementation of their program. All NGOs must adhere to terms described on the following page.
All applicants must complete, sign, and submit the BSCC Grantee Assurance for Non- Governmental Organizations (Appendix D). Once under contract, grantees must submit an updated Grantee Assurance for Non-Governmental Organizations throughout the life of the grant agreement for any additional NGOs that receive funds through subcontracts after awards are made. The BSCC will not reimburse for costs incurred by NGOs that do not meet the BSCC’s requirements.
1 For the purposes of this RFP, NGOs include nonprofit and for -profit community-based organizations, faith-based organizations, evaluators (except government institutions such as universities), grant management companies, and any other non- governmental agency or individual.
Eligibility Criteria for Non-Governmental Organizations Providing Services with BSCC Grant Funds
Any non-governmental organization that receives Organized Retail Theft Prevention Grant Program funds (as either a subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the
Organized Retail Theft Prevention Grant Program grantee;
o Non-governmental entities that have recently reorganized or have merged with other qualified non- governmental entities that were in existence prior to the six (6) month date are al so eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee subcontractor fiscal agreement;
• Be registered with the California Secretary of State’s Office, if applicable; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship);
• Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address within California. (An agent for service of process with a California address is insufficient.)
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Local Impacts
The Organized Retail Theft Prevention Grant Program encourages collaboration, communication, and innovation to combat organized retail theft. In supporting this approach, proposed projects may have impacts on retailers and local government agencies that prevent projects from operating as inten ded (e.g., increased law enforcement presence in retail spaces, increased referrals to the District Attorney’s Office, overlapping or duplicative public awareness campaigns, etc.) As a part of the application, each Lead Agency will be required to acknowledge any anticipated impacts from the implementation of the proposed project (Attachment E).
Written Agreement from Key Partners
If the success of the applicant’s proposed activity, strateg y, or program relies on the participation of an outside agency or organization (i.e., an entity other than the applicant or LPA), the applicant must include a Letter of Commitment . Letter(s) of Commitment should reflect that the outside agency or organization is aware of the proposed project, is committed to ensuring the success of the project, their role, and agrees to participate.
Examples of key roles played by outside entities could include the following:
• Data Collection Partnerships
• Referral Sources
• Service Delivery Location
A Letter of Commitment must include the name of the outside entity, be signed by the executive officer, department head, or other authorized representative, and be dated within three (3) months of the proposal submission to the BSCC. Outdated letters or letters that speak to a partnership or grant activities outside of the activities listed in this proposal, will not be accepted. See Appendix F for a sample Letter of Commitment.
A Letter of Commitment is not required if the applicant has determined that an outside agency or organization is not critical to the launch or ongoing implementation of the proposed program.
Policies Limiting Racial Bias
Applicants must provide a description of existing or proposed policies to limit racial bias when utilizing these funds. Applicants will be required to upload existing or proposed policies in a Microsoft Word Document or PDF via the BSCC-Submittable Applicat ion portal. (Appendix A, Provision 5(f).)
Policies on Surveillance Technology
Applicants proposing an investment in surveillance technologies must provide a description of existing or proposed policies to govern the use of those technologies, including how the applicant will comply with applicable privacy laws and secure any data collected or stored. Applicants will be required to upload existing or proposed policies in a Microsoft Word Document or PDF via the BSCC -Submittable Application portal. (Appendix A, Provision 5(g).)
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Organizational Capacity and Coordination
Applicants will be rated, in part, on how well they demonstrate they have the experience, a staffing plan, and any partnerships necessary to implement the proposed strategy. If an applicant is unable to identify staff and/or subcontractors until after the grant is awarded, the applicant should explain, at a minimum, the process and criteria by which they will select staff and/or subcontractors after the award. Distinct from administrative staff and partners, applicants must also demonstrate how they plan to ensure that the staff who deliver the services have backgrounds and experience that are relevant to the proposed strategy and/or target population.
Funding Information
This RFP makes $242,250,0002 available competitively to city police, county sheriffs’ departments, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
Funding Categories
Recognizing that applicants have different capacities, resources, and needs, there are two categories within which applicants will compete. An applicant may apply in either the Medium or Large Scope Category. This means Medium Scope Projects will compete against other Medium Scope Projects and Large Scope Projects will compete against other Large Scope Projects for funding.
The maximum an applicant may apply for is up to $6 ,125,000 in the Medium Scope category OR up to $15,650,000 in the Large Scope category. Applicants may apply for any dollar amount up to and including the maximum grant amount identified in each category. An illustration of the funding categories, maximum grant award, and total available funding by category is provided below:
Funding Categories Maximum Grant Award Total Available Funding Medium Scope Up to $6,125,000 $85,750,000
Large Scope Up to $15,650,000 $156,500,000
Total Funding Available for Competitive Grants: $242,250,000
*NOTE: Funding must last for the entirety of the grant (October 1, 2023 to June 1, 2027).*
Multi-Agency Partnerships
Applicants may apply for funding as part of a multi -agency partnership (two or more agencies). The agencies and jurisdictions comprising the collaborative application are not required to be contiguous . One (1) Lead Public Agency must be identified on behalf of the partnership.
2 Provided funding is appropriated in the FY 2023-2024 and 2024-25 State Budget Acts. 534
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Multi-agency partnerships (Medium Scope or Large Scope) may apply for up to the maximum grant award in that category multiplied by the number of partnering applicants.
For Example:
• Four (4) eligible applicants in the Medium Scope category may submit one application for up to $24,500,000
o $6,125,000 (Medium Scope Max) x 4 (# of Agencies) = $24,500,000 • Two (2) eligible applicants in the Large Scope category may submit one application for up to $31,300,000
o $15,650,000 (Large Scope Max x 2 (# of Agencies) = $31,300,000 Funding Decisions
Applicants will compete for funds within the Medium or Large Scope Category. Proposals will be evaluated, scored, and a ranked list of all scored proposals will be generated. The BSCC will move down the ranked lists to fund all qualified applicants in each of the t wo funding categories until all funds in that category are exhausted. Applicants that fall at the cut-off point may be offered a partial award if there are not sufficient remaining funds to make a full award.
If funding remains in one or more categories, the following will occur:
• Funds remaining in the Medium Scope Category after all qualified applicants i n that category have been fully funded, will be used to fund any additional qualified applicants in the Large Scope Category.
• Funds remaining in the Large Scope Category after all qualified applicants in that category have been fully funded, will be used to fund any additional qualified applicants in the Medium Scope Category.
If an applicant or grantee relinquishes an award, BSCC has authority to offer that award to the next qualifying applicant(s) on the ranked list.
Eligible Funding Activities
Organized Retail Theft Prevention Grant Program funds must address at least one (1) Program Purpose Areas (PPAs) as identified in the Eligible Activities section. To support local law enforcement agencies in preventing and responding to organiz ed retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft , eligible expenses for this RFP include, but are not limited to, the following:
• Automated License Plate Readers
• Cameras
• Case Management Systems
• Computers/Laptops/Tablets
• Databases
• Investigative Software
• Online and Print Advertising
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• RFI Tracker/Tracking Devices
• Routers/Modems/Hotspots
• Staff expenses, including overtime
• Vehicles
Please note, the above list is not intended to be exhaustive. All proposed expenses must have a link to the Organized Retail Theft Prevention Grant Program as described in the authorizing legislation and this RFP.
Match Requirement
No match is required for the Organized Retail Theft Prevention Grant Program.
Data Collection, Reporting, and Evaluation Requirements Projects selected for funding will be required to submit a Local Evaluation Plan and Local Evaluation Report. Applicants are encouraged, but not required, to use outside evaluators to ensure objective and impartial evaluations. This may include, but is not limited to, community colleges, universities, and research organizations.
Required Set-Aside for Evaluation Efforts
Grantees are required to set aside at least $75,000 but not more than 5% percent of the total grant award for data collection and evaluation efforts, including data collection for the Quarterly Progress Reports and statewide evaluation (see below) and the development of the Local Evaluation Plan and Local Evaluation Report.
Local Evaluation Plan
The purpose of the Local Evaluation Plan is to ensure that projects funded by the BSCC can be evaluated. Grantees will be expected to include a detailed description of how the applicant will assess the effectiveness of the proposed program in relationship to each of its goals and objectives identified in the proposal. A relationship between the goals and objectives identified in the proposal should be apparent in the Local Evaluation Plan.
The Local Evaluation Plan should describe the evaluation design or model that will be used to evaluate the effectiveness of the project component(s), with the project goals and the project objectives clearly stated. Applicants should also address process and outcome evaluations. Once submitted, any modifications to the Local Evaluation Plan must be approved in advance by the BSCC. More detailed instructions on the Local Evaluation Plan will be made available to successful applicants. The Local Evaluation Plan is due no later than April 1, 2024.
Local Evaluation Report
Following project completion, grantees are required to complete a Local Evaluation Report. The Local Evaluation Report must be in a format prescribed by the BSCC. The purpose of the Local Evaluation Repor t is to determine whether the overall project (including each individual component) was effective in meeting the goals laid out in the Local Evaluation Plan.
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To do this, the grantee must assess and document the effectiveness of the activities that were implemented within each individual project component. These activities should have been identified in the previously submitted Local Evaluation Plan. More detailed instructions on the Local Evaluation Report will be made available to successful applicants. The Local Evaluation Report is due no later than June 1, 2027.
Statewide Evaluation
BSCC Research will conduct a statewide evaluation of the impact of the initiatives supported by the grant funding including the outcomes and objectives that were achieved.
The evaluator will: develop the research methodology for the statewide evaluation; design and develop instruments for collecting and evaluating data from grantees; provide ongoing technical assistance to grantees for data collection and evaluation activities; compile, screen and analyze data obtained from grantees; and develop a final report on the impact of the program. As a condition of award, grantees agree to collect data requested for the evaluation (this may include standardized Quarterly Progress Report format with specified baseline, output, and/or outcome measures) and fully cooperate and share information within timelines set for the evaluation.
General Grant Requirements
Audit Requirements
Grantees are required to provide the BSCC with a financial audit that covers the service delivery period of the grant (October 1, 2023 - December 31, 2026). The audit report will be due no later than June 1, 2027. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county or city’s project financial management functions. Expenses for the final audit may be reimbursed for actual costs up to $25,000.
In addition, the BSCC reserves the right to call for a program or financial audit at any time between the execution of the grant agreement and three (3) years following the end of the grant period. The Department of General Services, the Calif ornia State Auditor, the Department of Finance, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this grant.
BSSC Grant Agreement
Applicants approved for funding by the BSCC Board are required to enter into a Grant Agreement with the BSCC. Grantees must agree to comply with all terms and conditions of the Grant Agreement. A sample Grant Agreement for the Organized Retail Theft Prevention Grant Program is available on the BSCC website.
The Grant Agreement start date is expected to be October 1, 2023. Grant Agreements are considered fully executed only after they are signed by both the grantee and the BSCC and the BSCC is in receipt of all required attachments including documentation of signing authority. Work, services, and encumbrances cannot begin prior to the Grant Agreement start date. Any work, services and encumbrances that occur after the start 537
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date but prior to Grant Agreement execution may not be reimbursed. Grantees and all subgrantees are responsible for maintaining their Grant Agreement, all invoices, records, and relevant documentation for the life of the grant cycle plus three (3) years after the final payment under the contract.
Debarment, Fraud, Theft or Embezzlement
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:
1. Debarred by any federal, state, or local government entities during the period of debarment; or
2. Convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state, or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation. All applicants must complete an assurance certifying they are compliant with the BSCC’s policies on debarment, fraud, theft, and embezzlement (Appendix G).
Governing Board Resolution
Successful applicants will be required to submit a Resolution from their Governing Board before the grant award can be finalized and funds awarded. A signed resolution is not required at the time of proposal submission, but applicants are advised that no financial invoices will be processed for reimbursement until the Governing Board Resolution has been received by the BSCC. A sample Governing Board Resolution can be found in (Appendix H).
Grantee Orientation
Following the start of the grant period, BSCC staff will conduct a Virtual Grantee Orientation ( October 2023, date to be determined). The purpose of this mandatory session is to review the program requirements, invoicing, and budget modification processes, data collection and reporting requirements, as well as other grant management and monitoring activities. Typically, the Project Director, Financ ial Officer, and Day-to-Day Contact must attend. Grantees are also strongly encouraged to include the individual tasked with Data Collection and Evaluation. Award recipients will be provided additional details regarding the Grantee Orientation in October 2023.
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Invoices
Disbursement of grant funds occurs on a reimbursement basis for costs incurred during a reporting period. The State Controller’s Office (SCO) will issue the warrant (check) to the individual designated on the Applicant Information Form as the Financial Officer for the grant. Grantees must submit invoices to the BSCC on either a monthly or quarterly basis through an online process no later than 45 days following the end of the invoicing period. Grantees will make their choice between monthly or quarterly invoicing prior to grant agreement execution.
Grantees must maintain adequate supporting documentat ion for all costs claimed on invoices. BSCC staff will conduct a desk review , which requires grantees to submit electronic documentation to support all grant funds claimed during the invoicing period.
In addition, BSCC staff may conduct on-site monitoring visits that include a review of documentation maintained as substantiation for project expenditures with grant funds.
Additional information about invoicing can be found in the BSCC Grant Administration Guide.
Monitoring
The BSCC staff will monitor each project to assess whether the project is in compliance with grant requirements and making progress toward grant objectives. As needed, monitoring visits may also occur to provide technical assistance on fiscal, programmatic, evaluative, and administrative requirements. For your reference, a Comprehensive Monitoring Visit checklist can be found on the Corrections Planning and Grants Program website.
Quarterly Progress Reports
Grant award recipients are requi red to submit quarterly progress reports to the BSCC.
Progress reports are a critical element in BSCC’s monitoring and oversight process.
Grantees who are unable to demonstrate that they are making sufficient progress toward project goals and objectives and that funds are being spent in accordance with the Grant Agreement could be subject to the withholding of funds. Once grants are awarded, BSCC will work with grantees to create custom progress reports.
Supplanting
Supplanting is the deliberate reduction in the amount of federal, state, or local funds being appropriated to an existing program or activity because grant funds have been awarded for the same purposes. Supplanting is strictly prohibited for all BSCC grants. Organized Retail Theft Prevention Grant Program funds shall be used to support new program activities or to augment or expand existing program activities but shall not be used to replace existing funds. It is the responsibility of the grantee to ensure that supplanting does not occur. The grantee must keep clear and detailed financial records to show that grant funds are used only for allowable costs and activities.
Travel
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Travel is usually warranted when personal contact by project staff is the most appropriate method of conducting project -related business. Travel to and from training conferences may also be allowed. The most economical method of transportation, in terms of direct expenses to the project and the employee's time away from the project, must be used.
Projects are required to include sufficient per diem and travel allocations for project related personnel, as outlined in the Grant Award, to attend any mandated BSCC training conferences or workshops outlined in the terms of the program.
• Units of Government
Units of government may follow either their own written travel and per diem policy or the State’s policy. Units of government that plan to use cars from a state, county, city, district carpool, or garage may budget either the mileage rate established by the carpool or garage, or the state mileage rate, not to exceed the loaning agency rate.
• Non-Governmental Organizations (NGOs)
An NGO receiving BSCC funds must use the California State travel and per diem policy, unless the Grantee’s written travel policy is more restrictive than the State's, in which case it must be used. Reimbursement is allowed for the cost of commercial carrier fares, parking, bridge, and road tolls, as well as necessary taxi, bus, and streetcar fares.
• Out-of-State Travel
Out-of-state travel is restricted and only allowed in exceptional situations. Grantees must receive written BSCC approval prior to incurring expenses for out -of-state travel. Even if previously authorized in the Grant Award, Grantees must submit to the BSCC a separate formal request (on Grantee letterhead) for approval. Out-of- state travel requests must include a detailed justification and budget information.
In addition, California prohibits travel, except under specified circumstances, to states that have been found by the California Attorney General to have discriminatory laws. The BSCC will not reimburse for travel to these states unless the travel meets a specific exception under Government Code section 11139.8, subdivision (c). For additional information, please see: https://oag.ca.gov/ab1887.
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Overview of the RFP Process
Confirmation of Receipt of Proposal
Upon submission of a proposal, applicants will receive a confirmation email from the BSCC stating that the proposal has been received.
Disqualification
Disqualification - PLEASE REVIEW CAREFULLY
The following will result in an automatic disqualification:
• Submission is not received by 5:00 P.M. (PST) on Friday, July 7, 2023 • Applicant does not meet the Eligibility Criteria
• Application, and all required attachments, are not submitted via the BSCC - Submittable Application portal
• Budget Attachment is incomplete (e.g., impacted fields are not completed) • Funding request exceeds allowable amount in the Medium or Large Scope category
• Attachment(s) are illegible
• Attachment(s) will not open, or the file(s) are corrupted
NOTE: Disqualification means that the proposal will not move forward to the Scoring Panel for the Proposal Rating Process, and, therefore, will NOT be considered for funding.
Proposal Rating Process
Unless disqualified, proposals will advance to the Scoring Panel for funding consideration.
Proposals will be evaluated in accordance with the BSCC’s Grant Proposal Evaluation Process (link) and as described below. The Scoring Panel will read and assign ratings to each proposal in accordance with the prescribed rating factors listed in the table below.
Scoring Panel members will base their ratings on how well an applicant addresses the criteria listed under each rating factor within the Proposal Narrative and Budget Sections.
Scoring Panel ratings, once submitted to the BSCC, will be final.
At the conclusion of this process, applicants will be notified of the Board’s funding recommendations. It is anticipated that the Board will act on the recommendations at its meeting on September 14 , 2023. Applicants and their partners are not to contact members of the Scoring Panel or the BSCC Board to discuss proposals.
Rating Factors
The Rating Factors that will be used and the maximum points allocated to each rating factor are shown in the table below. Applicants are asked to address each of these rating factors as a part of their proposal. A percent of total value is assigned to each Rating Factor, correlating to its importance within the overall project (see Percent of Total Value column).
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Rating Factors Point
Range
Percent of Total
Value
Weighted Rating
Factor Score
1 Project Need 0-5 20% 40
2 Project Description 0-5 35% 70
3 Project Organizational
Capacity and Coordination 0-5 15% 30
4 Project Evaluation and
Monitoring 0-5 10% 20
5 Project Budget 0-5 20% 40
Maximum Proposal Score: 100% 200
Raters will rate an applicant’s response to each Rating Factor on a scale from 0 to 5, according to the Six-Point Rating Scale shown below. For each Rating Factor, the rating point received is then weighted according to the “Percent of Total Value” column associated with the Rating Factor to arrive at the final Weighted Rating Factor Score. The Weighted Rating Factor Scores are then added together for a final overall proposal score.
The maximum possible proposal score is 200.
Senate Bill 154 requires the BSCC to give preference to applicants whose grant proposals demonstrate the greatest need for additional resources and likelihood of success in reducing organized retail theft, motor vehicle or motor vehicle accessory theft, and cargo theft. In fulfillment of this request, 110 out of a total of 200 points is allocated between the Project Need and Project Description categories.
Six Point Rating Scale
Not Responsive
0 Poor
1 Fair
2 Satisfactory
3 Good
4 Excellent
5 The response
fails to
address the
criteria.
The response
addresses the
criteria in a
very
inadequate
way.
The response
addresses the
criteria in a
non-specific or
unsatisfactory
way.
The
response
addresses
the criteria in
an adequate
way.
The response
addresses the
criteria in a
substantial
way.
The response
addresses the
criteria in an
outstanding
way.
Summary of Key Dates
The following table shows the key dates for the Organized Retail Theft Prevention Grant Program.
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Activity Date
Present the RFP for BSCC Board approval April 13, 2023
Release the RFP April 14, 2023
Bidders’ Conference May 11, 2023
Letter of Intent Due to the BSCC May 15, 2023
Proposals Due to the BSCC July 7, 2023
Proposal Rating Process and Development of
Funding Recommendations
July-August 2023
BSCC Board Considers Funding Recommendations September 14, 2023 Notices to Applicants September 15, 2023
Grant Period Begins October 1, 2023
Mandatory New Grantee Orientation October 2023
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This document/section contains the necessary information for completing the Organized Retail Theft Prevention Grant Program Application. The Application and all required attachments are provided on the BSCC website.
Proposal Narrative and Budget Sections
The five rating factors that will be addressed in the Proposal Narrative and the Proposal Budget sections, are shown below
Rating Factor Percent
Value Addressed In:
1 Project Need 20%
Proposal
Narrative
2 Project Description 35%
3 Project Organizational Capacity and
Coordination 15%
4 Project Evaluation and Monitoring 10%
5 Project Budget 20% Proposal
Budget
Proposal Narrative Instructions
Applicants will complete t he Proposal Narrative by accessing the BSCC -Submittable application portal and responding to a series of prompts. The Proposal Narrative must address the Project Need, Project Description , Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors. Please do not include website links, charts, tables, or graphs when responding.
Each Rating Factor has a character limit as shown below:
Rating Factor Total
Characters
Microsoft Word
Equivalent*
1 Project Need 6,711 Up to 3 (Three) Pages
2 Project Description 11,185 Up to 5 (Five) Pages
3 Project Organizational Capacity
and Coordination 4,474 Up to 2 (Two) Pages
4 Project Evaluation and Monitoring 4,474 Up to 2 (Two) Pages *Assumes text is in a Microsoft Word document in Arial 12- point font with one -inch margins on all four sides and at 1.5-line spacing.
PART II: PROPOSAL INSTRUCTIONS
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Character Counter
The BSCC-Submittable application portal includes an automatically enabled character counter. This feature shows the number of characters used and the remaining number of characters before the limit is met. If the limit is exceeded, a red prompt will appear with the message " You have exce eded the character limit ". Applicants are prohibited from submitting the Organized Retail Theft Prevention Grant Program Application until they comply with all character limit requirements.
Bibliography
Applicants may, but are not required to, include a bibliography containing citations, using either the Modern Language Association (MLA) or American Psychological Association (APA) style in the “OPTIONAL Bibliography” field on the BSCC -Submittable application page. The bi bliography may not exceed 2,218 total characters (includes punctuation, numbers, spaces, and any text). In Microsoft Word, this is approximately one (1) page in Arial 12-point font with one-inch margins on all four sides and at 1.5-line spacing.
Required Attachments
In addition to addressing the Proposal Narrative criteria, the following attachments must be completed and uploaded in the identified fields i n the BSCC-Submittable application portal at the time of submission:
• Project Work Plan (Appendix B).
• Grantee Assurance for Non-Governmental Organizations (Appendix D). • Local Impact Letter(s) If Applicable (Appendix E)
• Letter(s) of Commitment If Applicable (Appendix F)
• Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and • Embezzlement (Appendix G)
• Governing Board Resolution Optional (Appendix H)
Proposal Narrative Rating Factors
Section 1: Project Need (Percent Value – 20%)
Within this section, address the criteria that defines the Project Need Rating Factor (see table below) in a cohesive, comprehensive, and concise narrative format.
Project Need: The applicant described a need that is pertinent to the intent of the grant. The elements that comprise this Rating Factor are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed (when applicable), it is the qua lity of the response to each that will be evaluated. The response will be evaluated with a single rating based on a scale of 0-
5. 1.1 Describe the need(s) to be addressed, the process used to determine the need(s), and how the need is related to the intent of the grant program.
1.2 Identify the conditions or elements that contribute to the need (e.g., service gaps, geographic location, accessibility).
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1.3 Use relevant local qualitative and/or quantitative data with citations to demonstrate the nature and scale of the specific theft problem (organized retail, motor vehicle, motor vehicle accessory, and/or cargo) and provide a compelling justification for grant funds.
Section 2: Project Description (Percent Value – 35%)
Within this section address the criteria that defines the Project Description Rating Factor (see table below) in a cohesive, comprehensive, and concise narrative format.
Project Description: The applicant provided a description of the project that is related to the identified need and the intent of the grant. The elements that comprise this Rating Factor are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed (when applicable), it is the quality of the response to each that will be evaluated. The response will be evaluated with a single rating based on a scale of 0-5.
2.1 Describe the proposed project that will address the need(s) identified in the Project Need section. The description should include:
• the proposed activities/services/interventions of the project including how they will be delivered and the length and duration.
• the target area and/or population which will be the focus of the project, including how and why it was selected.
• how the proposed activities/services/interventions will address the Project Need and the intent of the grant program.
• plans to coordinate or collaborate with other entities, if any, such as public agencies (e.g., law enforcement, non-law enforcement, prosecutors’ offices), community organizations, or retailers.
2.2 Describe the proposed project’s goals, objectives, and impact that includes a relationship to the identified need(s) and intent of the grant program. • The completed Project Work Plan (Appendix B) is appropriate for the proposed project aligning with the identified need(s) and intent of the grant program.
• The completed Project Work Plan identifies the top goals and objectives (see Appendix C for definitions) and how those will be achieved in terms of the activities, responsible staff/partner agencies, process and outcome measures, data sources, and start and end dates.
2.3 Describe the rationale for the proposed activities/services/interventions including research or other evidence indicating that the intended goals and objectives are likely to be achieved.
2.4 Describe existing or proposed policies to:
• govern the use of surveillance technology (if applicable) including complying with applicable privacy laws/regulations and securing any data collected or stored.
2.5 Describe existing or proposed policies to:
• limit racial bias.
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Section 3: Project Organizational Capacity & Coordination (Percent Value – 15%) Within this section, address the criteria that define the Project Organizational Capacity and Coordination Rating Factor (see table below) in a cohesive, comprehensive, and concise narrative format.
Project Organizational Capacity and Coordination: The applicant described their organization’s ability to implement the proposed project. The elements that comprise this Rating Factor are listed below. Addressing each element does not in itself merit a high rating; rather, although each element is to be addressed (when applicable), it is the quality of the response to each that will be evaluated. The response will be evaluated with a single rating based on a scale of 0-5.
3.1 Describe the applicant’s ability to administer the proposed project. In the descriptions include:
• the applicant’s staffing required and available to operate the project including staff qualifications and training.
• the extent to which existing staff resources will be utilized. • project management and oversight to ensure the proposed project is implemented as intended.
3.2 Describe any partner agency(ies) or coordination with other agencies necessary to implement the proposed project. If partners are to be selected after the grant is awarded, specify the process and criteria for selecting the partner agency(ies). The description of partners should include:
• their involvement/role that is aligned with the proposed project. • their credentials, involved personnel, experience and capability to conduct the project, and the value the partners add to the proposed project.
• the plan to coordinate with these partners.
• key partners’ letters of commitment provided as attachments (Attachment G).
3.3 Describe the timeline for the execution of contracts or memorandums of understanding with any partner agency(ies) and the implementation of involvement/role to provide services or activities such that they are in a reasonable timeframe to support the project. Include a description of the readiness to proceed, if funded.
3.4 Describe the management structure and decision-making process for the proposed project.
3.5 Describe the plans to sustain the proposed project after grant funds expire or why the proposed project is limited in term.
Section 4: Project Evaluation and Monitoring (Percent Value – 10%) Within this section, address the criteria that define the Project Evaluation and Monitoring Rating Factor (see table below) in a cohesive, comprehensive, and concise narrative format.
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Project Evaluation and Monitoring: The applicant described how it will monitor and evaluate the effectiveness of the proposed project . The elements that are to comprise this Rating Factor are listed below. Addressing each element does not itself merit a high rating; rather, although each element is to be addressed, it is the quality of the response to each that is to be evaluated. The response will be evaluated with a single rating based on a scale of 0-5.
4.1 Describe the plan to determine the qualified internal staff and/or external partner or entity that will conduct the project evaluation and how monitoring activities will be incorporated in the various phases of the project (e.g., start-up, implementation, service delivery period).
4.2 Identify and define the process measures and outcome measures that are quantifiable and are in line with the intent of the p roposed project and the objectives listed in the Work Plan.
4.3 Describe the preliminary plan for monitoring the project to ensure the project components are implemented as intended.
4.4 Describe the preliminary plan for collecting and evaluating data, including baseline data, related to the process measures and outcome measures identified in 4.2. Describe a plan for entering into data sharing agreements, if necessary.
4.5 Describe the research design or methodology that will allow for an assessment of whether the strategy implemented achieved the intended outcomes.
Proposal Budget Instructions
As part of the application process, applicants are required to complete and upload a Proposal Budget Table and Budget Narrative (Budget Attachment) in the budget section of the BSCC-Submittable application page. The Budget Attachment is provided on the BSCC website.
Applicants should be aware that budgets will be subject to review and approval by the BSCC staff to ensure all proposed costs listed within the budget narrative are allowable and eligible for reimbursement. Regardless of any ineligible costs that may need to be addressed post award, the starting budget for the reimbursement invoices and the total amount requested will be the figures used for the Standard Grant Agreement.
Applicants are solely responsible for the accuracy and completeness of the information entered in the Proposal Budget Table and Budget Narrative. Detailed instructions for completing the Budget Attachment are listed on the Instructions tab of the Excel workbook. All project costs must be directly related to the objectives and activities of the project. The Budget Table must cover the entire grant period.
For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide.
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Proposal Budget Rating Factor
Section 5: Project Budget (Percent Value – 15%)
The following items are rated as part of this section and must be addressed by the applicant in the Budget Attachment.
Project Budget: The applicant provided a complete Budget Attachment (Budget Table and Budget Narrative) for the proposed project. The elements against which the Budget Attachment will be rated are listed below. Addressing each element does not in itself merit a high rating; rather, al though each element is to be addressed (when applicable), it is the quality of the response to each that will be evaluated. The response will be evaluated with a single rating based on a scale of 0-5.
5.1 Provide complete and detailed budget information i n the Budget Attachment (Budget Table and Budget Narrative) that for each section:
• includes a brief explanation justifying each expense. • ensures expenses are appropriate for the grant’s intent, the project’s goals, and planned activities.
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Appendixes
This section includes the following appendixes:
• Appendix A: Senate Bill 154
• Appendix B: Project Work Plan
• Appendix C: Glossary of Terms
• Appendix D: Grantee Assurance for Non-Governmental Organizations
• Appendix E: Local Impact Letter(s)
• Appendix F: Letter(s) of Commitment
• Appendix G: Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement
• Appendix H: Governing Board Resolution
PART III: APPENDIXES
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Appendix A: Senate Bill 154
5227-117-0001—For local assistance, Board of State and Community Corrections ........................ 85,000,000
Schedule:
(1)
4945-Corrections Planning
and Grant Programs
........................ 85,000,000
Provisions:
1. The amount appropriated in this item shall be for competitive grants for city police, county sheriffs’ departments, and probation departments. These law enforcement agencies may apply
individually or on behalf of a group of entities that includes other law enforcement agencies or non- law-enforcement entities, including, but not limited to, community -based organizations or prosecutors’ offices.
2. Grant funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
Permissible uses of grant funds include, but are not limited to, purchase of technology or other equipment to help deter strategies for preventing or responding to crime. These funds shall be used to supplement and not supplant existing funds for these activities.
3. All entities receiving grant funding shall be required to comply with all applicable privacy laws and regulations.
4. Grants shall be made on a competitive basis to localities that can demonstrate, using data, that organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft pose a significant problem in their jurisdictions.
5. An applicant shall submit a proposal, in a form prescribed by the Board of State and Community Corrections, which shall include, but not be limited to, the following:
(a)
Data demonstrating the nature and scale of the specific crime problem, which the applicant proposes to address
using grant funds.
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(b) Clearly defined and measurable objectives for this grant. (c)
A description of how the applicant proposes to use the grant funds to achieve the stated objectives, including any plans to coordinate or collaborate with other entities such as public agencies, community organizations, or retailers.
(d)
A discussion of research or other evidence indicating that the proposed activities would likely achieve the intended
objectives.
(e)
A discussion of how the applicant plans to sustain the
proposed activities after grant funds expire or an explanation of why proposed activities are limited term in nature.
(f)
A description of existing or proposed policies to limit racial bias in utilizing these funds.
(g)
If proposing an investment in surveillance technologies, a description of existing or proposed policies to govern the use of those technologies, including how the applicant will comply with applicable privacy laws and secure any data collected or stored.
6. The Board of State and Community Corrections shall post to its public website all applications received.
7. In awarding grants, the Board of State and Community Corrections shall give preference to applicants whose grant proposals demonstrate the greatest need for additional resources and likelihood of success in reducing organized retail theft, motor vehicle or motor vehicle accessory theft, and cargo theft.
8. Each grantee shall report to the Board of State and Community Corrections, in a form and at intervals prescribed by the board, their progress in achieving the grant objectives.
9. The Board of State and Community Corrections shall, by no later than 90 days following the close of each grant cycle, prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code regarding the impact of the initiatives supported by the grant. This report, at minimum, shall include: (a) Grant recipients and the amount awarded to each; (b) How the funding was used; (c) What outcomes and objectives were achieved.
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10. Upon order of the Director of Finance, up to 5 percent of the amount appropriated in Schedule (1) shall be transfe rred to Schedule (1) of Item 5227- 001-0001 for costs to administer the grant program. Funds transferred pursuant to this provision are available for encumbrance or expenditure until June 30, 2027.
11. Any unspent funds identified in Schedule (1) shall revert to the General Fund as of June 30, 2027.
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Applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, process and outcome measures, activities and services, responsible parties for those activities and services, data sources and estimated timelines. Completed plans should (1) identify the project’s top goals and objectives; (2) identify how the goal(s) will be achieved in terms of the activities, responsible staff/partners, and start and end dates, process and outcome measures; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. As this grant term is for three (3) years, the Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. A minimum of one goal and corresponding objectives, process measures, etc. must be identified.
Applicants must use the Project Work Plan provided below. You will be prompted to upload this document to the BSCC-Submittable Application.
(1) Goal: >
Objectives (A., B., etc.) >
Process Measures and
Outcome Measures:
>
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> >
> >
List data and sources to be used to measure outcomes: >
Appendix B: Project Work Plan
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(2) Goal: >
Objectives (A., B., etc.) >
Process Measures and
Outcome Measures:
>
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> >
> >
List data and sources to be used to measure outcomes: >
(3) Goal: >
Objectives (A., B., etc.) >
Process Measures and
Outcome Measures:
>
Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> >
> >
List data and sources to be used to measure outcomes: >
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Appendix C: Glossary of Terms
Case Management
A collaborative process which assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet an individual's health needs.3
Community-Based Organization
For this RFP, a Community-Based Organization is an organization located in the State of California that has been determined by the IRS to have 501(c)(3) status (i.e., nonprofit).
Evaluations (Process and Outcomes)
Process Evaluation4
The purpose of the process evaluation is to assess how program activities are being carried out in accordance with goals and objectives. Process measures are designed to answer the question: “What is the program actually doing and is this what we planned i t to do?”
Examples of process measures could include:
• Project staff have been recruited, hired, and trained according to the proposal. • Activities/strategies have been implemented on time according to the proposal. • Number of interagency agreements entered into by the program compared to the number planned.
• Number of trainings conducted.
• Number of neighborhood meetings conducted.
Outcome Evaluation
5 The purpose of the outcome evaluation is to identify whether the program “worked” in terms of achieving its goals and objectives. Outcome measures are designed to answer the question: “What results did the program produce?”
Examples of outcome measures include:
• Results of pre/post surveys (e.g., changes in the reported confidence/trust in law enforcement among community members).
• Implementation of regular, ongoing community forums where community dialogue takes place.
• Changes in policies at the Lead Agency level to reflect procedural justice principles.
In an evidence-based practice approach, outcome evaluations must include not only the measures but also analysis of the extent to which the measured results can be attributed to the program rather than to coincidence or alternative explanations.
3 Source: National Institute of Health
4 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 7. Retrieved from http://www.jrsa.org/njjec/publications/ program-evaluation.pdf 5 Id at pp. 7-8.
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Evidence-based / Promising Practices
Evidence-based practices are programs and strategies that have been found effective at improving outcomes, using rigorous scientific research methods. Programs and strategies may be evidence- based across all populations, or only for particular cultures and identities.
Promising practices are programs and strategies that have shown some positive results and potential for improving outcomes. They may have evidence from use in real-world settings, a strong theoretical framework, and/or expert opinion, but have not been fully replicated in scientific studies. Depending on the level of scientific evidence, these are sometimes referred to as “evidence- informed,” "research- supported," or “emerging” practices.
Financial Audit
A financial audit provides assurances that an organization’s financial statements are free of material misstatement based upon the application of generally accepted accounting principles.
Goals and Objectives
Goals and objectives are terms in common use, sometimes used interchangeably because both refer to the intended results of program activities. Goals are longer -term than objectives, more broadly stated and govern the specific objectives to which program activities are directed.
In proposals, goals are defined by broad statements of what the pr ogram intends to accomplish, representing the long-term intended outcome of the program. 6 Examples of goal statements:
7 • To reduce the number of serious and chronic juvenile offenders. • To divert nonviolent juvenile offenders from state juvenile correctional institutions. • To restore the losses suffered by the victims of crimes.
Objectives are defined by statements of specific, measurable aims of program activities.8 Objectives detail the tasks that must be completed to achieve goals .9 Descriptions of objectives in the proposals should include three elements:10
1. Direction – the expected change or accomplishment (e.g., improve, maintain);
2. Timeframe – when the objective will be achieved; and
6 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition). Retrieved from http://www.jrsa.org/njjec/publications/program -evaluation.pdf. See also New York State Division of Criminal Justice Services. A Guide to Developing Goals and Objectives for Your Program. Retrieved from .
7 Id. at p. 4.
8 National Center for Justice Planning. Overview of Strategic Planning. Where Do We Want to Be? Goals and Objectives. Retrieved from http://ncjp.org/strategic-planning/overview/where-do-we-want-be/goals-objectives. 9 Id.; see supra fn 1.
10 Justice Research and Statistics Association, Juvenile Justice Evaluation Center. (2003, June). Juvenile Justice Program Evaluation: An overview (Second Edition) p. 5. Retrieved from http://www.jrsa.org/njjec/publications/program-evaluation.pdf. 557
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3. Target Population– who is affected by the objective.
Examples of program objectives:11
• By the end of the program, young, drug-addicted juveniles will recognize the long- term consequences of drug use.
o To place eligible juveniles in an intensive supervision program within two weeks of adjudication to ensure of fender accountability and community safety.
o To ensure that juvenile offenders carry out all the terms of the mediation agreements they have worked out with their victims by program completion.
Qualitative Data
Data/information that is based on written or spoken narratives. The purpose of qualitative data/information is to explain and gain insight and understanding of events through collection of narrative data/information.
Quantitative Data
Data/information that is based on numbers and mathematical calculations. The purpose of quantitative data is to explain, predict, and/or control events through focused collection of numerical data.
11 Id.
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Appendix D: Grantee Assurance for Non-Governmental Organizations
The Organized Retail Theft Prevention Grant Program Request for Proposals (RFP) includes requirements that apply to non- governmental organizations (NGOs) 12 providing services with grant funds. Grantees are responsible for ensuring that all contracted third par ties continually meet these requirements as a condition of receiving funds. The RFP describes these requirements as follows:
Any non- governmental organization that receives Organized Retail Theft Prevention Grant Program funds (as either a subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC o r with the Organized Retail Theft Prevention Grant Program grantee;
o Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee subcontractor fiscal agreement;
• Be registered with the California Secretary of State’s Office, if applicable; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); • Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address within California. (An agent for service of process with a California address is insufficient.)
Completing the NGO Assurance (Following Page)
1. Provide the name of the Applicant Agency (the Grantee),
2. List all contracted parties (if known),
3. Check Yes or No to indicate if each contracted part meets the requirements
4. Sign and Submit to the BSCC
NOTE: If the name of the contracted party is unknown or if there will be no contracted parties.
Write N/A in the “Name of Contracted Party” field and sign the document.
12 For the purposes of this RFP, NGOs include nonprofit and for-profit community-based organizations, faith-based organizations, evaluators (except government institutions such as universities), grant management companies, and any other non-governmental agency or individual. 559
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Organized Retail Theft Prevention Grant Program
Non-Governmental Organization Assurances
Name of Applicant:
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
*Grantees are required to update this list and submit it to BSCC any time a new third- party contract is executed after the initial assurance date. Grantees shall retain (on- site) applicable source documentation for each contracted party that verifies compli ance with the requirements listed in the RFP. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
This document must be signed by the person who is authorized to sign the Grant Agreement.
NAME OF AUTHORIZED OFFICER
TITLE
TELEPHONE NUMBER
EMAIL ADDRESS
STREET ADDRESS
CITY
STATE
ZIP CODE
APPLICANT’S SIGNATURE (Blue Ink Only)
DATE
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The Organized Retail Theft Prevention Grant Program encourages collaboration, communication, and innovation to combat o rganized retail theft. In supporting this approach, proposed projects may have impacts on retailers and local government agencies that prevent projects from operating as intended (e.g., increased law enforcement presence in retail spaces, increased referrals to the District Attorney’s Office, overlapping or duplicative public awareness campaigns, etc.)
To acknowledge any anticipated impacts, each Lead Public Agency is required to:
• Identify each agency agency(ies) that reasonably could be expected to be impacted by this grant project;
• Submit a Letter of Agreement signed by both the Lead Public Agency and the impacted agency agency(ies) that includes the following:
o The name of the Organized Retail Theft Prevention Grant Program project and a brief project description;
o A description of how the Organized Retail Theft Prevention Grant Program project might impact retailers and local government agencies; and o An explanation of how the Lead Public Agency and the impacted agency(ies) will work together to address stated impacts.
Note: If the Lead Public Agency concludes that the Organized Retail Theft Prevention Grant Program project will not impact any other agency agency(ies), the Lead Public Agency must include a letter to that effect.
Appendix E: Local Impact Letter(s)
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If the success of the applicant’s proposed activity, strategy, or program relies on the participation of an outside agency or organization (i.e., an entity other than the applicant or LPA), the applicant must include a Letter of Commitment. Letter(s) of Commitment should reflect that the outside agency or organization is aware of the propose d project, is committed to ensuring the success of the project, their role, and agrees to participate.
[To be submitted on letterhead of the OUTSIDE ENTITY]
To: Board of State and Community Corrections
Re: The Organized Retail Theft Prevention Grant Program Date: [must be within 3 months of proposal submission]
This letter is being submitted to document that [NAME OF THE OUTSIDE ENTITY] agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by [NAME OF APPLICANT].
As a part of this grant, [NAME OF OUTSIDE ENTITY] agrees to [DESCRIBE THE NATURE OF THE PARTNERSHIP, I.E. WHAT THE OUTSIDE ENTITY IS AGREEING TO DO, ETC.].
Signed by,
Name, Title
[must be the Executive Officer, Department Head, or other Authorized Representative of the Outside Entity]
Appendix F: Letter(s) of Commitment
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Appendix G: Certification of Compliance with BSCC Polices on Debarment, Fraud, Theft and Embezzlement
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to applicants that have been:
1. debarred by any federal, st ate, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontracto r will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
By checking the following boxes and signing below, applicant affirms that:
[ ] I/We are not currently debarred by any federal, state, or local entity from applying for or receiving federal, state, or local grant funds.
[ ] I/We have not been convicted of any crime involving theft, fraud, or embezzlement of federal, state, or local grant funds within the last three years. We will notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
[ ] I/We will hold subgrantees and subcontractors to these same requirements.
A grantee may make a request in writing to the Executive Director of the BSCC for an exception to the debarment policy. Any determination made by the Executive Director shall be made in writing.
AUTHORIZED SIGNATURE
This document must be signed by the person who is authorized to sign the Grant Agreement.
NAME OF AUTHORIZED OFFICER
TITLE
TELEPHONE NUMBER
EMAIL ADDRESS
STREET ADDRESS
CITY
STATE
ZIP CODE
APPLICANT’S SIGNATURE (Blue Ink Only)
X
DATE
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Before grant funds can be reimbursed, a grantee must either (1) submit a resolution from its Governing Board that delegates authority to the individual authorized to execute the grant agreement or (2) provide sufficient documentation indicating that the prospective grantee has been vested with plenary authority to execute grant agreements (e.g., County Board of Supervisors delegating such authority to an Agency head).
Below is assurance language that, at a minimum, must be included in the resolution submitted to the Board of State and Community Corrections.
WHEREAS the (insert name of Local Government) desires to participate in the Organized Retail Theft Prevention Grant Program funded through the State Budget Act and administered by the Board of State and Community Corrections (hereafter referred to as the BSCC).
NOW, THEREFORE, BE IT RESOLVED that the (insert title of designated official) be authorized on behalf of the (insert name of Governing Board) to submit the grant proposal for this funding and sign the Grant Agreement with the BSCC, including any amendments thereof.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
BE IT FURTHER RESOLVED that the (insert name of Local Government) agrees to abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.
Passed, approved, and adopted by the (insert name of Governing Board) in a meeting thereof held on (insert date) by the following:
Ayes:
Notes:
Absent:
Signature: _______________________________________ Date: _________________
Typed Name and Title: ___________________________________________________
ATTEST: Signature: _______________________________ Date: _________________
Typed Name and Title: ___________________________________________________
Appendix H: Governing Board Resolution
564
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0200 Agenda Date: 6/19/2023 Agenda #: 5.
Agenda Item Wording:
Authorize the City Manager to execute the existing Kaweah Delta Water Conservation District “Restated Basin Agreement” for Oakes, Oakes West Expansion (Andrade), and Peoples Basins as required by the California Natural Resources Agency (CNRA) Grant Requirements and funding source.
Deadline for Action: 6/30/2023 - to meet CNRA grant deadline Submitting Department: Administration, CIP Engineering
Contact Name and Phone Number:
Fred Lampe, Senior Civil Engineer, [email protected], 713-4270 Eric Bons, Senior Civil Engineer, [email protected], 713-4350 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Bartsch, Public Works Director, [email protected], 713-4052 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:
Staff recommends that the City Council authorize the City Manager to execute the Restated Basin Agreement for Oakes, Oakes West Expansion (Andrade Property), and Peoples Basins that was originally executed in 2006 with Kaweah Delta Water Conservation District in order to cooperate for water recharge and storm water mitigation. This reauthorization is due to the two granting agencies requesting an update to the mutual agreement for maintenance and operation in order to identify responsible parties and land ownership prior to close out of the granting funds.
Summary:
The Restated Basin Agreement is required by the grant agencies - Department of Water Resources (DWR) and California Natural Resources Agency (CNRA); that are funding the development of the Peoples Basin and the Oakes Basin Expansion. Since the last agreement in 2006 with Kaweah Delta Water Conservation District (KDWCD), land acquisition has occurred. Specifically, the City has acquired the Peoples Basin site and acquired the Andrade Property site for purposes of expanding the Oakes Basin. As a result, the maintenance and operation agreement between the City and KDWCD is being updated to reflect the City’scurrent ownership and responsibility. The deepening of the Goshen basin is part of the grant, however the City previously owned it and currently maintains and operates it. Therefore, the Goshen basin does not require any changes to the KDWCD agreement. The Department of Water Resources (DWR) grant requires the agreement to be completed prior to project completion. The California Natural Resources Agency (CNRA) grant requires the Restated Agreement to be completed by June 30, 2023.
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File #: 23-0200 Agenda Date: 6/19/2023 Agenda #: 5.
Background Discussion:
The existing agreement named the Basin Agreement (Oakes and Peoples Basins) is between the City of Visalia and KDWCD. The agreement was signed November 7, 2006. The purpose of the agreement was to memorialize the shared costs between the two agencies to develop and maintain two dual purpose basins. The basins were developed to increase groundwater recharge and provide extra capacity for storm water layoff. Cost sharing, operation, and maintenance were defined in the Basin Agreement. The split has been derived by the basins ability to either provide recharge or storm water layoff. This is accomplished through the capacity calculations for each and then applied back to the KDWCD for recharge and the City for storm water layoff. The Restated Agreement will update the existing agreement.
Changes within the Agreement:
The City and KDWCD have made changes since the original 2006 basin agreement. The City purchased the Peoples Basin site and purchased the Andrade site adjacent to the Oakes site.
KDWCD completed a groundwater recharge and storm water layoff basin on the Oakes site . In February 2013, the City obtained a grant from the Department of Water Resources (DWR) to develop the Peoples Basin and expand the footprint area of the current Oakes Basin. The Peoples Basin site and the expansion of the Oakes Basin onto the Andrade site are funded by the DWR grant.
However, additional funds were needed to build the Oakes Basin Expansion. The California Natural Resources Agency (CNRA) is providing a grant to complete the Oakes Basin Expansion and was acquired in November 2021. Both grant agencies require that the existing basin agreement with KDWCD for the Oakes and Peoples Basins be updated to include the changes identified above made since 2006.
In summary, the changes include:
1. The City ownership of the Peoples site and the Andrade site.
2. Construction of the Oakes Basin Expansion onto the Andrade site including the installation of the inlet and outlet systems required by the grant agreements.
3. The Oakes Basin was constructed since the 2006 agreement was signed. References to the construction of the basin are removed.
4. Modifications were made to the SCADA Systems Cost.
5. Minor changes were made to Item 4 “Conveyance of License”. The Basins plans are almost complete. The new language more accurately reflects the current planned depths.
6. New Exhibits were added to include the Andrade Property (Oakes Basin Expansion).
7. A current water diversion agreement is included for reference. The City’s water diversion agreements will be updated in the future to meet current legislation concerning ground water sustainability.
The current agreement, a version with edit depicting track changes, and the restated “clean” agreement are attached.
Fiscal Impact:
The Restated Agreement does not result in the need to update the existing project budget therefore there are no fiscal impacts at this time. KDWCD will continue to operate, maintain, and repair the Visalia City Council Printed on 6/16/2023Page 2 of 4
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File #: 23-0200 Agenda Date: 6/19/2023 Agenda #: 5.
there are no fiscal impacts at this time. KDWCD will continue to operate, maintain, and repair the basins. The City will also continue to share costs for the operation, maintenance, and repair of the basins as stated in the current agreement. Since 2006, no invoices have been issued by KDWCD or the City of Visalia. City staff estimates that the City’sshare of the cost to operate and maintain per the agreement for both basins could reach no more than $50,000 in any given year, but no hard costs have occurred to date. Since the Peoples Basin and the Oakes Basin Expansion are still under construction, no appropriation is needed at this time. The two-year (FY2024-25 and 2025-26) budget development will occur in the fiscal year. Staff will add operation and maintenance expenditures to that budget process. Finally, if any expenditures per this agreement do occur between now and July 1 of 2024, staff will follow all procurement procedures and necessary action to appropriate funds to pay for those expenditures per this agreement.
Separately, the City will be responsible for maintenance of the landscaping of the Peoples Basin and the Oakes Basin Expansion component installed through the grant funds Prior Council Action:
February 06, 2023
Authorize a notice of Completion for RFB 21-22-20, Grading of Peoples Basin, (CIP 3010- 72000/CP8334-999)
June 06, 2022
Authorize the City Manager to award the construction contract for RFB 21-22-47, Goshen Basin Project, to JT2 dba Todd Companies in the amount of $1,957,000 February 22, 2022
Appropriate California Natural Resource Agency (CNRA), Proposition 68 - Urban Flood Protection Grant funds and transfer Storm Sewer Deficiency (222) funds from Lower Kaweah River and Mill Creek Flood Control Project to the Oakes Basin.
December 20, 2021
Authorized the City Manager to award the construction contract for RFB 21-22-20, Grading of Peoples Basin to Wood Bros. Inc. in the amount of $865,120.
December 21, 2020
Authorized the City Manager to award the construction contract for RFB 20-21-21, Site Demolition and Clearing of the Oakes Basin in the amount of $178,760.
April 17, 2006
Authorize the City Manager to enter into agreement with KDWCD for the development and joint use of basins.
Other:
None.
Alternatives:
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File #: 23-0200 Agenda Date: 6/19/2023 Agenda #: 5.
None.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to execute the “RestatedBasin Agreement”(Oakes, Andrade, and Peoples Basins) with Kaweah Delta Water Conservation District.
Environmental Assessment Status:
Environmental assessment is complete. A mitigated negative declaration was completed for the CEQA document. Cultural Resources and Biological studies were done as part of CEQA compliance process. Mitigation measures are stipulated in the CEQA findings.
CEQA Review:
Initial Study and Notice of Determination (NOD) for a Mitigated Negative Declaration (MND) No 2018-
76. Attachments:
1 11/7/2006 Basin Agreement
2 Restated Basin Agreement
3 Track Changes in Word
4 April 17, 2006 Staff Report
5 Location Map
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DocumeJJtnry Transjrr Tu.'( ·· SO.OO
For the Benefit o f:
CITY OF VISALIA
BASIN AGREEMENT
(Oakes and Peoples Basins )
THIS AGREEMENT is made this 1~ day of ND\.IE.MCX:.iZ-. , 2006, by and between the CITY OF VISALIA (hereinafter referred to as the "City") and the KAWEAH DELTA WATER CONSERVAT ION DISTRICT (hereinafter referred to as the "Distri ct").
RECITALS
A. WHEREAS, the City is a charter city duly organized under the laws of the State of Californ ia;
B. WHEREAS, the District is a water conservation district, duly organized under authorit y of The Water Conservation Act of 1927 found in Deerings Wate r Uncodifi ed Acts , Act 9127a;
C. WHEREAS , under authority of its charter, the City has developed a Storm Water Master Plan which it implements to dispos e of storm water drained off of City streets and otl1er location s in the City as expediti ously and efficiently as possi ble in order to reduce flooding within the City;
D. WHEREAS , historically, and more recently as part of the City's Storm 569
Water Master Plan, the City has discharged storm water into natural and man-made channels such as Mill Creek, Packwood Creek, Modoc Ditch and Evans Ditch as they flow through the City, which means that the greater the availab le capacity of such channels to take storm water, the greater the benefit such channels are to the City in its efforts to dispose of storm water;
E. WHEREAS , it is anticipated that current and future development within the City will incr ease the need for add itional capac ity for storm water discharges into the ·natural channels located in the City;
F. WHEREAS , the City will be able to optimize the capacity of the aforementioned channels within the City available for the disposition of storm water , if, during storms, the City is able to temporar ily divert flows that would ordinarily be conveyed in such channels into off-stream basins for short term detention; G. WHEREAS , City and District have or will enter into agreements with holders of water rights on the Lower Kaweah River system ("Water Diversion Agreements") ,which , among other things, will allow the City to divert and detain the water right holders ' ("Water Rights Holders") water upstream of the City for the purpose of creating additional capacity in the aforement ioned channels availab le for the disposition of storm water; and
H. WHEREAS, by author ity of powers vested in it by its enabl ing act and its adoption of a Groundwater Management Plan pursuant to Water Code Section 1 0750 et seq., the District has for many years engaged in a program of groundwater recharge whereby it uses waters available to the District and purchases other waters to import into the District , for the purpose of recharging the groundwater underl ying the District, 2 570
which it accomplishes, in part, by placing such waters into one or more of its approximately forty (40) groundwater recharge basins ;
I. WHEREAS , groundwater level measurements taken within the District over the last 62 years indicate that the groundwater reservoir in and around the City is overdrafted and groundwater levels are continuing to declin e; J. WHEREAS, the City and the District both desire to develop groundwater recharge facilities that will recharge the groundwater underlying and surrounding the City;
K. WHEREAS , the District owns a parcel of real property comprised of approximately 40 acres located at the terminus of the Lower Kaweah River and also located adjacent to both Mill Creek and Packwood Creek, both of which are natural channels that flow through the City, on which parcel of real property the District is in the process of developing a groundwater recharge basin, the legal description for which is attached hereto as Exhibit A (hereinafter referred to as the "Oakes Basin"); L. WHEREAS , the District owns a second parcel of real property comprised of approximately 40 acres located adjacent to the Lower Kaweah River, which has distributaries that flow through the City, on which the District is planning to construct a groundwater recharge basin, the legal description for which is attached hereto as Exhibit B (hereinafter referred to as the "Peoples Basin"); and M. WHEREAS, the City and the District desire to share in the costs to develop and construct improvement s on the Oakes Basin and on the People s Basin (hereinafter collectively referred to as the "Basins" and sometimes individu ally as "Basin") so that each can be used as both a storm water facility and a groundwater 3 571
recharge basin in a manner that will be beneficial to both the District and the City; and N. WHEREAS , City and the District desire to enter into an agreeme nt establishing their respective rights and obligations regarding the use of the Basins for groundwater recharge purposes as well as the City's storm water management purposes, including the right of the City to use the Basin for the purpose of detaining water diverted pursuan t to the Water Diversion Agreements, and returning such water back into the source waterway s for delivery to the water right holders after the need for storm water capacity has passed.
NOW, THEREFORE , in and for consideration o f the mutual covenants , conditions and promise s hereinafter set forth, the parties hereto hereby agree as follows:
1. Development of Basin s. The City and the District will share the costs to develop the Basins as follows:
a. Completed Work. The District has entered into contracts with private individuals and entities that have allowed for the removal of sand and similar materials from the Basins at no cost to the District, with the removal of the materials being done in such a way as to assist in the initial construction of the Basins, which will result in a considerabl e savings to the District and the City in the form of expenses that they might otherwise incur to develop the Basins. Also, the District has perfor med substantial work in the Oakes Basin, the cost for which work has been partia lly reimbursed to the District by grant funds, together with contributions made by the City of Visalia and the California Water Service Company. The costs to be allocated by the parties, pursuant to this Agreement , shall only be those costs incurred on or after the 4 572
date of the execution of this Agreement.
b. Initial Earthwork Improvements. The parties shall each pay their share of costs to develop the Basins for groundwater recharge and storm water layoff in accordance with the allocation of such costs as set forth in this Agreement. The parties have conceptua lly agreed that the costs of the initial earthwork to develop the Basins for groundwater recharge should be borne equally by the District and the City, with the understand ing that the initial earthwork to develop the Basins for groundwater recharge shall allow for a water storage depth of two (2) feet and the development of another one (1) foot for freeboa rd. Further, the parties have conceptually agreed that the costs for any further earthwork to develop the Basins , deeper than described above for groundwater recharge, should be deemed to have been incurred to develop the Basins for storm water layoff, and, therefore , all such costs should be allocated one hundred percent (1 00%) to the City. Attached to this Agreement as Exhibits C and D are drawings showing examp les of the earthwork requirements, both at grade and below grade, necessary to develop the Basins for groundwater recharge and storm water layoff purposes. Based on the forego ing concepts agreed to by the parties and the aforeme ntioned Exhibits, the costs of any earthwor k for development of the Oakes Basin, to a depth not exceed ing 12 feet, shall be allocated twelve and one -half percent (12.5%) to the District and eighty-seven and one-ha lf percent (87.5%) to the City, and the costs of any earthwork for development of the Peoples Basin, to a depth not exceeding 6.5 feet, shall be allocated twenty-three and eight hundreths percent (23.08%) to the District and seventy-six and ninety-two hundret hs percent (76.92%) to the City. All plans and specifications for the earthwork to develop the Basins, other tha n 5 573
the earthwork referred to above in subparagraph a of this section, shall be app roved by the parties, in writing, which includes approvals communicated by e-mail or facsimile transm ission, prior to the commenceme nt of such earthwork. c. Initial Inlet and Outlet Improvemen ts. Each party will pay its share of costs to construct new inlet and outlet improvements in the Basins in accordance with the allocat ion of such costs as follows:
(i) Oakes Basin. The par ties acknowledge that any inlet and outlet structures and related facilities that currently exist on the Oakes Basin, are dee med to be completed work, for which there will be no allocation of costs pursuant to this Agreement. The initial costs to const ruct a foriy (40) cubic feet per second gravity and pumping outlet structure and related facilit ies to divert water into Mill Creek shall be allocated one hundr ed perce nt (100%) to the City. All costs related to increasi ng the capac ity on the existing i nlet structure f rom twenty (20) cubic feet per second to one hundred (100) cubic feet per second shall be allocated one hundred percent (100%) to the City. The costs to construct an inter ior diversion structure shall be allocated twenty percent (20%) to the District and eighty percent (80%) to the City. (ii) Peoples Basin. The costs to construct a one hundred (1 00) cubic feet per second inlet structure and related facilities will be allocated forty percent (40%) to the District and sixty percent (60%) to the City. The costs to construct a forty (40) cubic feet per second outlet structure and related facilities will be allocated one hund red percent (1 00%) to the City.
(iii) Plans and Specifications. The parties will share equally the costs of all plans, specifications, drawings, and engineering studies necessa ry for the 6 574
planning and development of the Basins. All plans and specifications for the initial improvem ents described in this subparagraph c shall be approved by both parties, in writing, which includes approva ls communicated by e-mail or facsimile transmission , prior to commencement of any construction.
d. SCADA Systems Costs. If the parties desire to install a supervisory control and data acquisition system (hereinafter referred to as a "SCADA system"), then the parties shall determin e their respective benefits derived from using a SCADA system in connection with their use of the Basins. The aforementioned determination of benefits shall be used by the parties to reach an agreement as to the proper allocation of costs related to the construction , operation , maintenance , repair, rehabilitation or replaceme nt of any SCADA systems related to the Basins. e. Signage and Fencing. At the discretion of the District, signage and fencing may be installed at the Basins for public safety, vandalism prevention and other reasons, the cost for which signage and fencing shall be shared equally by the parties.
2. Construction Work. The District, its contractor s or its agents, shall perform all construction work and related work for the aforement ioned initial improvements and other work contemplated by this Agreement , including all modifications and upgrades to such improvements that may be agreed to by the parties.
The parties agree that they will proceed with the aforement ioned work, just as soon as reasonably practical after the execution of this agreement. The parties agree to manage their budgets so that they can promptly pay thei r respective share of the costs of such work .
3. Ownership. The District presently is and will continue to be the owner of 7 575
record of the fee simple interest in both of the Basins. The District has paid the full purchase price for the Basins, but the District will not seek reimbursement from the City for the District's payments for the Basins. Notwithstanding the City's antic ipated contribution to the future development of the Basins and its contribution to the construction, operation, maintenance, repair, rehabilitation and replacement of improvements hereafter constructed thereon, the City agrees that it will not develop or otherwise become entitled to any fee simple ownersh ip interest in either of the Basins.
4. Grant of License . District hereby grants to City the right to use the Basins, as described in Exhibits A and B, for the purposes described in this Agreement, subject to the terms and conditions contained in this Agreement, and limited by the following:
a. Oakes Basin. It is anticipated that Oakes Basin shall have a total useable depth of 11 feet; of this depth, City shall have the exclusive right to use 9 feet and District shall have the exclusive right to use the remaining 2 feet. b. Peoples Basin. It is anticipated that Peoples Basin shall have a total useable depth of 5.5 feet; of this depth, City shall have the exclusive right to use
3.5 feet and District shall have the exclusive right to use the remaining 2 feet. c. Limitation . This license shall not entitle City to use the Basin s except as necessary for the fulfillment of the purposes of this Agreement. This Agreeme nt shall not prevent, and City shall not interfere with, any use that District may desire to make of the Basin properties that does not interfere with the City's use. By way of example only, City acknowledges that this Agreement shall not interfere with the District's establishment of habitat and landscap ing amenities for mitigation purposes on 8 576
areas outside of the top bank of the water storage basins to be constructed on the basin property, and City further acknowledg es that it shall have no right to manage or control such amenities by virtue of this Agreeme nt.
d. Encroachment. The depth f or which subparagraphs a. and b. above estab lish an exclusive use for the respective parties shall be referred to herein as a party's "Storage Depth." Neither party shall encroach or cause an encroachment of water into the Storage Depth of the other except as provided in this paragraph . Either party may request the other party to consent to a temporary encroachment into the Storage Depth of the other for any use permitted by law. Any encroachment request shall be made with prior notice and shall indicate the anticipated timing and duration of such encroachment. If consent to the requested encroac hment is granted, the water detained in the other pariy's Storage Depth shall remain the property of the encroach ing party, water recharged as a result of the encroachment shall be cons idered as water put to beneficial use by the encroaching party, and the consenting party shall have no claim to s uch water. Further, if consent is granted, whether on a one-time or on a continual basis, such consent shall never form the basis for a claim of a continuing right to encroach in the future. In the event an encroachment is consented to and then the consent is withdrawn because the conse nting party has an immediate need for the storage space, the party withdraw ing consent shall be responsib le for the costs o f evacuat ing the e ncroac hing water from the respective basin, and shall only do so with 'the approval of the encroaching party and in a manner consistent with Paragraph 5 of this Agreement.
5. Down stream Water Right s. The parties acknow ledge that the diversion 9 577
of the flow of waters from natural channels upstrea m from the City, the temporary storage of such waters in the Basins and the percolation of such waters in the Basins, may all impact and could potent ially damage those persons and/or entities who have a right to divert water from said natural channels downstream from the Basins. The City agrees that the City and the District will enter into a Water Diversion Agreement , with each downst ream Water Right Holder. No water claimed by a Water Right Holder will be diverted into the Basins , or either of them, unless and until the City and the District have obtained a fully-execut ed Water Diversion Agreement from such Water Right Holder.
The aforementioned Water Diversion Agreement shall be substantially the same as that form Water Diversio n Ag reement attached hereto and marked as "Exhibit E."
6. Operation of Bas in s. Pursuant to the Water Diversion Agreements , agents of the Kaweah & St. Johns River Association (hereinafter referred to as the "Associatio n") shall be requested to take the actions necessary to direct water into and out of the Basins for storm water layoff purposes, including the operation of any pumps required to accomp lish such tasks and the record keeping related thereto. District will perform all operatio ns required in or about the Basins in order to use the Basins for groundwater recharge . The City will instruct the Associa tio n and notify the District as to w~en the City desires to use the Basins for storm water layoff , includ ing the diversion of water owned by third parties, however, such use shall be subject to prior approval of the Kaweah River Watermaster pursuant to the Water Divers ion Agreements.
7. Accounting for Loss. The parties acknowledge that water stored at the Basin will result in the loss of water through various means, includin g but not limited to, groundwater perco lation and evaporation . The amount of each party's water loss 10 578
experienced at the Basins shall be estimated on a pro-rat a basis according to the respective amount and duration of Storage Depth used by the parties.
8. Maintenance of Excavation and Earthwork Improv ements. In recognition of both the fact that this agreement is not the sole basin agreement betwee n the parties and that the underst anding between the parties is that the owner of any basin accepts responsibility for all operation, maintenance , repair, rehabilitation and replacement in such basin, the District will periorm , at its own expense and in its own discretion, all operat ion, maintenanc e, repair, rehab ilitation and replacement of the excavation and earthwork improvements in the Basins in a manner similar to the ordinary operat ion, maintenance , repair, rehabilitation and replacement as the District employs for similar improvements in its other groundwater recharge basins.
9. Structure and Mechanical Facilities Maintenance. While the Distric t will periorm or delegate all structure and mechani cal faciliti es operation, maintenance, repair, rehabilitation and replacement on the Basins, the costs of doing such work shall be allocated between the parties as hereinafter provided in this section. The costs to maintain, repair, rehabilit ate a nd replace the bridge across Packwood Creek and connected to the Oakes Basin shall be shared equally between the parties . The costs to maintain, repair, rehabili tate and replace the Packwood Creek outlet and overilow structures and related mechanical facilities shall be allocated one hundred percent (100%) to the City. The costs to maintain, repair, rehabilitate and replace any othe r structure or mechanical facility on the Basins shall be allocated between the parties the same as the costs were allocated for the initial construction of such structure or mechan ical facility.
11 579
10. Term. This agreement shall extend in perpetuity, unless termi nated as hereinafter provided. The District may terminate this Agreement for good cause, as defined solely in this paragraph, upon ninety (90) days notice to the City as hereinafter provided, which notice shall also describe the good cause for such termination. Good cause shall exist to support termination if, and only if, City's use of the Basins has caused or with reasonable certainty will cause the District to lose the ability to use the Basins for the District's purposes. City shall, in good faith, attempt to remedy any use of the Basins that has caused the District to lose the ability to use the Basins for its purposes. In the event City is unsuccessful in attempt ing to remedy and District therefore terminates this agreement for good cause, City shall have the option to purchase all of District's interests in the Basins at the then fair marke t value, as determined by independent appraiser mutually acceptable to the pariies. The sale under such circumstances shall be subject to th e District retaining rights in the Basin properties as the District may designate at the time of such appraisal, if any. 11 . Right of First Refusal. City shall have the right of first refusal to purchase the Basins on the same terms and conditions as a bona fide offer received by the District from a third party that is acceptable to the District. District shall notif y City of receipt of an acceptable bona fide offer, including all pertinent terms, and City shall have 14 days to notify District that it will purcha se the property on the same terms and conditions conta ined in the offer.
12. Discharge Permits. The City shall obtain and keep current all permits or other government approvals, if any, that may be required by law, regulat ions or ordinance, including National Pollution Discharg e Elimination System permits, for the 12 580
discharge of water from the Basins into natural channels as provided in this agreement.
13. Reimbur sement. A party requesting reimbursement from the other party for construct ion, operation, maintenance , repair, rehabilitation or replacement, pursuant to the agreements, shall submit a detailed invoice to the other party.
14. Indemnification and Hold Harmless. To the fullest extent permitted by law, the City shall indemnify, hold harmless and defend the District , its directors, officers, employees, consultants, agents or authorized volunteers, and each of them, from and against:
a. Any and a ll claims, demands, causes of action, damages, costs, expenses, losses or liabilities, in law or in equity, of every kind or nature whatsoeve r for, but not limited to, injury to or death of any person and damages to or destruction of property of any person, arising out of or in any manner directly or indirectly connected with the diversion of water pursuant to this agreement, any diversion o f water pursuant to the aforementioned Water Diversion Agreement o r the construction, operation, maintenance, repair, rehabilitation or replacement of storm water layoff improvements on either of the Basins; and
b. Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of any action taken pursuant to th is agreement or the aforementioned Water Divers ion Agreement that causes or results in the violation of any law, regulation or ordinance
15. Notice s. All notices or other communications required or desired to be 13 581
given under this Agreement shall be given in writing and mailed, delivered or transmitted to the other party at the address indicated below:
To City at:
To District at:
CITY OF VISALIA
707 W. Acequ ia
Visalia , California 93291
Attention: City Manager
Telephone number: (559) 713-4312
Facsimil e number: (559) 713-4800
KAWEAH DELTA WATER CONSERVAT ION DISTRICT
2975 N. Farmersville Blvd.
Farmersville, California 93223
Telephone number: (559) 747-5601
Facsimile number: (559) 747-1989
Each such notice or other communi cation shall be deemed effective and given (i) upon receipt , if personally delivered ; (ii) upon being transmitted, if sent by telegram, telex or telecopy, if a copy of the notice is also sent by United States first class mail and provided receipt is confirm ed by a transmission report or otherwise; (iii) two {2) business days after deposit in the United States mail, postage prepaid, proper ly addressed to the party to be served; or (iv) upon recei pt, if sent in any other way. Either party may from time to time, by written notice, designate a different address than that set forth above for the purpose of notice, provided, however, that no notice of change of address shall be effective until actual receipt of the notice.
16. Representation and Warranties. Each party represents to the other party that such pariy has the full power and authority to ente r into this Agreemen t, that the execution and delivery thereof will not affect any agreement to which such party is a 14 582
party or by which such party is bound, and that this Agreement , as executed and delivered, constitutes a valid and binding obligation of such party enforceab le in accordance with its terms. Each of the parties to this Agreeme nt represent and warrant that this Agreement is executed in comp liance with a Resolution of the govern ing entity of the public agency, duly adopted by the governing entity and transcribed in full in the Minutes of the govern ing entity.
17. Duty to Cooperate. Each party shall coope rate so as to facilitate the other party's efforts to carry out its obligations under this Agreement.
18. Assignment, Successors and Transferees. Neither party shall assign its rights and obligations under this Agreement without the express written consent of the other party. The obligations and benefits of this Agreement are binding upon and inure to the benefit of any successo rs and assigns to the parties hereto.
19. Amendment/Modification. This Agreement may not be altered, modified or otherwise changed in any respect except by writing, duly executed by the parties and their authorized representat ives .
20. Construction. The parties acknow ledge that each party and its counsel have reviewed and revised this Agreement and that notwithstanding Civil Code Sect ion 1654, ambiguities, if a ny, are not to be resolved aga inst the drafting party and no presumption against one party to the other shall govern the interpretation or construction of any of the terms of this Agreement.
21. Waiv ers. A waiver or breach of a covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing a nd executed by the waiving party. Any 15 583
extension of time for performance of any obligation or act shall not be deemed an extension of time for performance of any other obligation or act.
22. Recording of Agreement. This Agreement, or an abstract thereof, shall be recorded in the office of the Recorder of Tu lare County. The parties shall execute any docume nts required for the purpose of recording this Agreement.
IN WITNESS WHEREOF , the pariies have executed this Agreement on the date By +-~~~~--------------
City Manager
Attested: 7
, ? L JC ·{ ~ . ; js · (a [ lft I (;~~~
Deputy City Clerk r}
Approved as to form:
s{() L
Risk Management Manager
~n~
16 KAWEAH DELTA WATER
CONSERVATION DISTRICT
By AJen ~
President
By ~~~&-~~~~~~~~
General Manager
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EXHIBIT A
(Legal Description - Oakes Basin)
That portion of Lot 23 of Mineral King Orchard Tract, per map recorded in Book 8, page 63, of Maps in the Office of the County Recorder , County of Tulare, State of California, lying Wester ly of the center line of Packwood Creek , said center line of Packwood Creek being described as follows:
Beginn ing at the Southwes t corner of Lot 22 of said Minera l King Orchard Tract, said Southwest corner of Lot 22 being a point in the centerl ine of Packwood Creek;
Thenc e, Southwesterly 1620 feet, more or less, along said centerline of Packwood Creek, as it existed on May 1, 1997, to a point in the West line of said Lot 23, said point being 150. feet North of the Southwest corner of said Lot 23.
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EXHIBIT B
(Lega l Descr iption- Peoples Bas in)
The real property located in Tulare County, California , described as follow s:
THE NORT HEAST QUARTER OF THE NORTHEAST QUARTER OF SECT ION 14, TOWNS HIP 18 SOUTH, RANGE 26 EAST , MOUNT DIABLO BASE AND MERIDIAN,
IN THE COUNTY OF TULARE, STA TE OF CALIFORNIA, ACCORD ING TO THE OFF ICIAL PLAT THEREOF.
18 586
O.G.
/.ineered Fill
EXHIBIT C
OAKES BASIN
W.L.
--. -- '
(1.4 Shr in kage Factor) Excavat ion
( Recharge)
RECHARGE IMPROVEMENT
F.G.
Excavation
F.G.
Free board
r (1ft)
_ ____,____
Engineered Fill
(1.4 Shrinkage Facto r)
Excava tio n
(La yoff)
(Recharge)
/
F.G.
Water
Depth ( 2ft)
t
t
Rec harge
Space (2ft)
t
Storm
Water
Layoff
Space
t
RECHARGE/ LAYOFF IMPROVEMENT
19 587
O.G.
-;p~
Excavation
(Recharge)
EXHIBIT D
PEOPLES BASIN
Freeboard
r (Min. 1ft)
''·
F.G.
RECHARGE IMPROVEMENT
Excavation
(Layoff)
Excavat ion
(Recharge)
F.G.
RECHARGE/LAYOFF IMPROVEMENT
20 Water
Depth (2ft)
t
Recharge
Space (2ft)
f
Storm
Water
Layoff
Space
588
EXHIBIT E
WATER DIVERSION AGREEMENT
{FORM)
THIS AGREE MENT is made this ______ day of ______ ________ _ , 2006, by and between the CITY OF VISALIA (hereinafter referred to as the "City"), Entity (see table) (hereinafter referred to as the "Water Right Holder"), KAWEAH & ST. JOHNS RIVERS ASSOCIAT ION (hereinafter referred to as the "Association") and the KAWEAH DELTA WATER CONSERVATION DISTRICT (hereinafter referred to as the "District").
RECITALS
A. WHEREAS, the City is a charter city duly organized under the laws of the State of California ;
B. WHEREAS, Water Right Holder is a California corporation , duly organized and operating in Tulare County, California, with, among other rights, a pre-19 14 appropriative water right (hereinafter referred to as the "water right") to divert water into its headgate from Source Waterway (see table;
C. WHEREAS, Association is an unincorporated association of entities and individuals w ith rights to divert water from the Kaweah River, including its distributaries such as the Lower Kaweah River, Mill Creek and Packwood Creek; D. WHEREAS, the District is a water conservation district, duly organized under authority of The Water Conservation Act of 1927 found in Deerings Water Uncodified Acts, Act 9127a;
E. WHEREAS , under authority of its charter, the City has developed a Storm Water Master Plan which it implements to dispose of storm water drained off of City streets and other locations in the City as expeditiously and efficiently as possible in 21 589
order to reduce flooding within the City;
F. WHEREAS, historically, and more recently as part of the implementatio n of the City's Storm Water Master Plan, the City has discharged storm water into natural channels such as Mill Creek and Packwood Creek as they flow through the City, and continued access to these channels is of benefit to the City for this purpose; G. WHEREAS, it is anticipated that current and future development within the City will increase the need for additional capacity for storm water discharges into the natural channels located in the City;
H. WHEREAS, the City will be able to increase the available capacity of the aforementioned channels within the City for the disposition of storm water, if, during storms, there is a temporary diversion and detention of flows in such channels into off stream basins upstream of the City;
I. WHEREAS, the District has for many years engaged in a program of groundwater recharge whereby it uses available waters within the District and purchases other waters to import into the District, for the purpose of recharging the groundwater of the District, which it accomplishes, in part, by placing such waters into one or more of approximately forty (40) groundwater recharge basins; J. WHEREAS, groundwater level measurements taken within the District over the last 62 years indicate that the groundwater reservoir underlying the City and surrounding areas is overdrafted and water levels are continuing to decline; K. WHEREAS, the City and the District both desire to develop groundwater recharge facilities that will recharge the groundwater within and adjacent to the City; L. WHEREAS, the District owns a parcel of real property comprised of 22 590
approximat ely 40 acres located at the terminus of the Lower Kaweah River and also located adjacent to both Mill Creek and Packwood Creek, both of which are natural channe ls that flow through the City, on which parcel of real property the District is in the process of developing a groundwater recharge basin, the legal description for which is attached hereto as Exhibit A (hereinafter referred to as the "Oakes Basin"); M. WHEREAS, the District owns a second parcel of real property comprised of approx imately 40 acres located adjacent to the Lower Kaweah River, which has distributaries that flow through the City, on which the District is planning to construct a groundwater recharge basin, the legal description for which is attached hereto as Exhibit B (hereinafter referred to as the "Peoples Basin"); and N. WHEREAS, the City and the District have or will soon execute a Basin Agreement (hereinafter referred to as the "Basin Agreement") wherein they agree, among other things to share in the costs to construct, operate, maintain, repair, rehabilitate and replace improvements in the Basins for both storm water layoff and groundwater recharge by diverting water flowing from the Lower Kaweah into the Oakes Basin and into the Peoples Basin (hereinafter collectively referred to as "Basins" and sometimes individually as "Basin"); and
0. WHEREAS, the diversions and detention of water in the upstream Basins, at the request of the C ity, from the Lower Kaweah River and Mill Creek, as contemp lated by the Basin Agreement, could impact and potentially damage the Water Right Holder, its [shareholders or landowners] and other water users; P. WHEREAS, the parties have reached an agreement whereby the Water Right Holder will allow the aforementioned diversions and detentions for the benefit of the 23 591
City, while reserving the Water Right Holder's ability to refuse such a diversion and detention if conse nting would cause substantial damage as determined in good faith by the Water Right Holder;
NOW, TH EREFORE, in and for consideration of the mutual covenants, conditions and promises hereinafter set forth, the parties hereto hereby agree as follows:
1. Request for Diversions. City may request diversion of water from the Lower Kaweah River and Mill Creek into the Basins for the purpose of detaining the water therein, to the extent that Water Right Holder has a water right to s uch water.
The diversions and detentions shall only be for the purpose of increasing the availab le channel capacity of Benefiting Waters (see table) so that Benefiting Waters (see table) can temporarily take storm water runoff that the City may put into it.
2. Notifications . City shall notify Association when it desires to have water diverted from the Lower Kaweah River or Mill Creek pursuant to this agreement. City's notification shall include a time for the commencement of the diversion and the rate of diversion in cubic feet per second of water to be diverted. The Association shall notify the Water Right Holder of the commencement of any diversion and the approximate rate of diversion in cubic feet per second of water to be diverted into the Basins as the result of the notice provided by City pursuant to this section. The City shall also notify the Association when the d iversions into the Basins are to be stopped, including the approxima te time when such stoppage will commence. The Association shall notify Water Right Holder that it intends to redivert the water it has diverted into the Basins and return it to the Rediversion Waterway (see table), prior to the time it begins such 24 592
diversion, including the approximate time when such return diversion will commence.
3. Approvals by Water Right Holder. Prior to diverting any water into one or both of the Basins pursuant to this agreement, Association shall obtain the approval of the Water Right Holder as to the diversion, which approval shall not be unreasonably withheld, taking into account the objectives of this agreement, as described in the foregoing Recitals. The Association is not required to obtain the approval of any Water Right Holder for a diversion of water out of the Basins in order to return such water to the natural channel from which it was diverted.
4. Return of Diverted Water . Once a diversion of water, made pursuant to this agreement, has stopped and there is sufficient available capacity in the channel of the Rediversion Waterway (see table) to do so, then all of the water so diverted shall be returned as soon as reasonably practical to the Rediversion Watersay (see table) for delivery to Water Right Holder's point of diversion , except for such water as may have percolated into the ground before it was evacuated from the Basins. The determination that there is sufficient available capacity to return water to one or more of the natural channels shall be made by the Watermaster ("Watermaster") appointed by the Association, subject to the criteria set forth hereinafter in section 5.
5. Approva l by Watermaster. Any diversion of water pursuant to this agreement, either into or out of the Basins, shall be subject to the discretionary approval of the Watermaster exercised in a reasonable and good faith attempt to fulfill the objectives of both this agreement, as described in the foregoing Recitals, and the related Basin Agreement executed by and between the City and the District and which right of approval includes the right to make necessary or reasonable adjustments to 25 593
both the quantity and time of such diversions that may be necessary to carry out the Watermaster's duties and obligations.
6. Operations. Only agents of the Association shall operate the gates, pumps and related facilities necessary to divert the water of Water Right Holder into or out of the Basins.
7. Accounting. The Association shall keep a written record of accounts showing the time of all requests for diversions of the water of Water Right Holder into or out of the Basins pursuant to this agreement. The aforementioned accounts shall also include a record of the time, duration, and quantity, in acre-feet, of water of Water Right Holder diverted into or out of the Basins pursuant to this agreement. Further, the subject accounts shall include a calculation as to the approx imate amount of water of Water Right Holder that percolated into the ground during the time such water was retained in the Basins, which calculation shall be made by subtracting the water of Water Right Holder diverted out of the Basin, when such water was evacuated from the Basin, from the amount of the water of Water Right Holder diverted into the Basin. All of the parties to this agreement shall have access to the aforementioned record of accou nts at the office where said accounts are kept, upon reasonable written notice.
8. Credit. The Watermaster shall credit the Water Right Holder for any amoun t of percolated water of Water Right Holder, calculated pursuant to section 7 of this agreement, by showing such amount on the record of accounts of the Association as a diversion for the purpose of groundwater recharge by the Water Right Holder into the Basin where such percolation occurred.
9. Term. This agreement shall extend in perpetuity, unless terminate d as 26 594
hereinafter provided. Any party may terminate this Agreement, for good cause, upon ninety (90) days notice to the other party as hereinafter provided, which notice shall also describe the "good cause" for such termination.
10. Discharge Permits. The City shall obtain and keep current all permits or other government approvals required by law, regulations or ordinance, including National Pollution Discharge Elimination System permits, for the discharge of water from the Basins into natural channels as provided in this agreement. 11 . Indemnification and Hold Harmless. To the fullest extent permitted by law, the City and the District shall indemnify, hold harmless and defend the Association and the Water Right Holder, its members, directors, members, shareholders, officers, employees, consu ltants, agents, authorized volunteers, heirs, successors and assigns, and each of them, from and against:
a. Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities, in law or in equity, of every kind or nature whatsoever for, but not limited to, injury to or death of any person and damages to or destruction of property of any person, arising out of or in any manner directly or indirectly connected with the diversion of water pursuant to this agreement or the construction, operation, maintenance, repair, rehabilitation or replacement of improvements on either of the Basins; and b. Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of, any action take pursuant to this agreement that causes or results in the violation of any law, regulation or ordinance. 27 595
12. Notices. All notices explicitly identified as notices to be put in writing pursuan t to this Agreeme nt shall be mailed, delivered or transmitted to the other party at the address indicated below:
To City at:
CITY OF VISALIA
707 W. Acequia
Visalia, California 93291
Attention: City Manager
Telephone number: (559) 713-4312
Facsimile number : (559) 713-4800
To Water Right Holder at:
EVANS DITCH COMPANY
P.O. Box 1920
Tulare , CA 93275
Attention: Manager
Telephone number: (559) 686-3425
Facsimile number: (559) 686-3673
To Association at:
To District at:
KAWEAH & ST. JOHNS RIVER ASSOCIATION
2975 N. Farmersville Blvd.
Farmersville, CA 93223
Attention: Watermaster
Telephone number : (559) 747-5601
Facsimile number: (559) 747-1989
KAWEAH DELTA WATER CONSERVATION DISTRICT
2975 N. Farmersville Blvd.
Farmersville, California 93223
Telephone number: (559) 747-560 1
Facsimile number: (559) 747-1989
Each such notice or other communication shall be deemed effect ive and given (i) upon receipt, if persona lly delivered; (ii) upon being transmitted , if sent by telegram, telex or 28 596
telecopy, if a copy o f the notice is also sent by United States f irst class mail and provided receipt is confirmed by a transmission report or otherwise; (iii) two (2) business days after deposit in the United States mail, postage prepaid, properly addressed to the party to be served; or (iv) upon receipt, if sent in any other way. Either party may from time to time, by written notice, designate a different address than that set forth above for the purpose of notice, provided, however, that no notice of change of address shall be effective until actual receipt of the notice.
13. Representation and Warranties. Each party represents to t he other party that such party has the full power and authority to enter into this Agreemen t, that the execution and delivery thereof will not affect any agreement to which such party is a party o r b y w hich such p arty is bound, and that this A greement, as executed and delivered, constitutes a valid and binding obligation of such party enforceable in accordance with its terms. Each of the parties to this Agreement represent and warrant that this Agreement is executed in compliance with a Resolution of the governing entity of the public agency, duly adopted by the governing entity and transcribed in full in the Minutes of the governing entity.
14. Duty to Cooperate. Each p arty shall cooperate so as to facilitate the other party's efforts to carry out its obligations under this Agreement.
15. Assignment, Successors and Transferee s. No party shall assign its rights and obligations under this Agreement without the express written consent of each of the other parties. The o bligations and benefits of this Agreemen t are binding upon and inure to the benefit of any successors and assigns to the parties hereto.
16. Amendment/Modification. This Agreement may not be altered, modified 29 597
or otherwise changed in any respect except by writing, duly executed by the parties and their authorized representatives .
17. Construction. The parties acknowledge that each party and its counse l have reviewed and revised this Agreement and that notwithstanding Civil Code Section 1654, ambiguities, if any, are not to be resolved against the drafting party and no presumption against one party to the other shall govern the interpretation or construction of any of the terms of this Agreement.
18. Waivers. A waiver or breach of a covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. Any extension of time for performance of any obligation or act shall not be deemed an extension of time for performance of any other obligation or act.
IN WITNESS WHEREOF, the parties have executed this Agreeme nt on the date set forth above.
CITY OF VISALIA
By __________________ ________ _
City Manager
Attested:
Deputy City Clerk
Approved as to form:
Risk Management Manager
City Attorney
30 KAWEAH DELTA WATER
CONSERVATION DISTRICT
By ________ __________________ _
President
By _________ ___________ ______ _
General Manager
598
ENT ITY KAWEAH & ST JOHNS RIVER ASSOCIA TION
By _____________ _________ __ _ By ______ ____________________ _ President Watermaster
31 599
EXHIBIT A
(Legal Description - Oakes Basin)
That portion of Lot 23 of Mineral King Orchard Tract, per map recorded in Book 8, page 63, of Maps in the Office of the County Recorder, County of Tulare, State of California, lying Westerly of the center line of Packwood Creek, said center line of Packwood Creek being described as follows:
Beginning at the Southwest corner of Lot 22 of said Mineral King Orchard Tract, said Southwest corner of Lot 22 being a point in the centerline of Packwood Creek;
Thence, Southwesterly 1620 feet, more or less, along said centerline of Packwood Creek, as it existed on May 1, 1997, to a point in the West line of said Lot 23, said point being 150 feet North of the Southwest corner of said Lot 23.
32 600
EXHIBIT B
(Legal Description - Peoples Basin)
The real property located in Tulare County, California, described as follows :
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 18 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN,
IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
33 601
1 RECORDING REQUESTED BY:
Kaweah Delta Water Conservation District
WHEN RECORDED MAIL TO:
Kaweah Delta Water Conservation District
2975 North Farmersville Blvd.
Farmersville, CA 93223
Attn: Larry Dotson
Space above this line for Recorder’s use
Documentary Transfer Tax $0.00
Exempt under Cal. Government Code Section 6103
RESTATED BASIN AGREEMENT
(Oakes, Andrade and Peoples Basins)
THIS AMENDED AND RESTATED BASIN AGREEMENT (hereinafter referred to as the “Agreement”) is made this ______ da y of _______________, 2023 by and between the CITY OF VISALIA (hereinafter referred to as the "City") and the KAWEAH DELTA WATER CONSERVATION DISTRICT (hereinafter referred to as the "District").
RECITALS
A. WHEREAS, the City is a charter city duly organized under the laws of the State of California;
B. WHEREAS, the District is a water conservation district, duly organized under authority of The Water Conservation Act of 1927 found in Deerings Water Uncodified Acts, Act 9127a;
C. WHEREAS, under authority of its charte r, the City has developed a Storm Water Master Plan which it implements to dispose of st orm water drained off of City streets and other locations in the City as expeditiously and effi ciently as possible in order to reduce flooding within the City;
602
2 D. WHEREAS, historically, and more recen tly as part of the City’s Storm Water Master Plan, the City has discha rged storm water into natural and man-made channels such as Mill Creek, Packwood Creek, Modoc Ditch and Evan s Ditch as they flow through the City, which means that the greater the available capacity of such channels to take storm water, the greater the benefit such channels are to the City in its efforts to dispose of storm water; E. WHEREAS, it is anticipated that current and future development within the City will increase the need for additional capacity for storm water discharges into the natural channels located in the City;
F. WHEREAS, the City will be able to optimize the capacity of the aforementioned channels within the City available for the disposition of storm water, if, during storms, the City is able to temporarily divert upstream flows in such channels into off-stream basins for short term detention;
G. WHEREAS, the City and District (hereinafter sometimes individually referred to as the “Party” and collectively as the “Parties”) have entered into agreements with holders of water rights on the Lower Kaweah River system (“Water Diversion Agreements”), which, among other things, will allow the city to divert and detain the water right holders’ (“Water Right Holders”) water upstream of the City for the purpose of creating additional capacity in the aforementioned channels available for the disposition of storm water; H. WHEREAS, the District has for many years engaged in a program of groundwater recharge whereby it uses waters available to th e District and purchases other waters to import into the District for the purpos e of recharging the groundwater underlying the District, which it accomplishes, in part, by placing such waters into one or more of its approximately forty (40) groundwater recharge basins;
603
3 I. WHEREAS, historical groundwater level measurements taken within the District indicate that the groundwater in and around the City is overdrafted and continuing to decline; J. WHEREAS, the City and the Distri ct both desire to develop groundwater recharge facilities that will recharge the groundwater underlying and surrounding the City; K. WHEREAS, the District owns a pa rcel of real property comprised of approximately 40 acres (hereinafter referred to as the "Oakes Basin"), the legal description for which is attached hereto as Exhibit A, located at the terminus of the Lower Kaweah River and also located adjacent to both Mill Creek an d Packwood Creek, both of which are natural channels that flow through the City, on which par cel the District and the City have developed a groundwater recharge basin and a storm water facility;
L. WHEREAS, the City owns a parcel of real property comprised of approximately 37 acres (hereinafter referred to as the “Peoples Basin”), the legal description for which is attached hereto as Exhibit B, located adjacent to the Lower Kaweah River, as shown on Exhibit C, which river has distributaries that flow through the City; M. WHEREAS, the City owns property (h ereinafter referred to as the “Andrade Property”), the legal description for which is attached hereto as Exhibit D, located immediately west and adjacent to the Oakes Basin, as shown on Exhibit E, on which it intends to construct improvements that combined with the Oakes Basin will form a single basin; and N. WHEREAS, on or about November 7, 2006, District and City entered into a Basin Agreement, which governed the Parties rights with respect to the Oakes Basin and the Peoples Basin and other related matters, which agreement (hereinafter referred to as the “Original Basin Agreement”) the Parties now desire to modify and replace in its entirety by this Agreement; O. WHEREAS, the City and the Distri ct desire to deve lop and construct 604
4 improvements on the Oakes Basin, th e Peoples Basin and Andrade Ba sin (hereinafter the basins may be individually referred to as a “Basin” and collectively referred to as the “Basins”), so that all can be used as both a storm water facility a nd a groundwater recharge basin in a manner that will be beneficial to both the District and the City;
NOW, THEREFORE, in and for consideration of the mutual covenants, conditions and promises hereinafter set forth, the Parties hereby agree as follows:
1. Development of the Peoples Basin. The City and the District will share the costs to develop the Peoples Basin as follows:
a. Initial Earthwork Improvements. The Parties shall each pay their share of costs to develop the Peoples Basin for the City’s and District’s use in accordance with the allocation of such costs as set forth in this Agreement. The Parties have conceptually agreed that the costs of earthwork to develop the Pe oples Basin for groundwater recharge should be borne equally by the District and the City, with the understanding that the initial earthwork to develop the Peoples Basin for groundwater rechar ge shall allow for a water storage depth of two (2) feet and the development of another one (1) foot for freeboard. Further, the Parties have conceptually agreed that the costs for any further earthwork to develop the Peoples Basin, deeper than described above for groundwater recharge, shall be deemed to have been incurred to develop the Peoples Basin for the City’s stor m water layoff, and, therefore, all such costs shall be allocated one hundred percent (100%) to the City. Attached to this Agreement as Exhibit F is a drawing showing examples of the earthwork requirements, both at grade and below grade, necessary to develop the Peoples Basin for City and District purposes. All plans and specifications for the earthwork to devel op the Peoples Basin sha ll be approved by the Parties, in writing, which includes approvals communicated by e-mail or facsimile 605
5 transmission, prior to the commencement of such earthwork. b. Each Party will pay its share of costs to plan and construct new inlet and outlet improvements in the Peoples Basin in accordance with the allocation of such costs as follows:
(i) Plans and Specifications. The Parties will share equally the costs of all plans, specifications, drawings, engineering studies, permits and estimates necessary for the planning and development of the new inlet and outlet improvements for People Basin. All plans and specifications for the initial improvements described in this subparagraph b shall be approved by both Parties, in writing, which includes approvals communicated by e-mail or facsimile transmission, prior to commencement of any construction. (ii) Construction Costs. The cost s to construct a one hundred (100) cubic feet per second inlet structure and relate d facilities in or about th e Peoples Basin will be allocated forty percent (40%) to the District and sixty percent (60%) to the City. The costs to construct a forty (40) cubic feet per second outle t structure and related facilities in or about the Peoples Basin will be allocated one hundred percent (100%) to the City. c. SCADA Systems Costs. If the Parties desire to install a supervisory control and data acquisition system (hereinafter referred to as a “SCADA system”) for the Peoples Basin, then the determination of respective benefits to each Party will be established based upon a consensus between the Parties of the value of the proposed SCADA improvements.
The aforementioned determination of benefits shall be used by the Parties to reach an agreement as to the proper allocation of costs related to the construction, operation, maintenance, repair, rehabilitation or replacement of any SCADA system related to the Peoples Basin.
606
6 2. Improvements to Oakes and Andrade Basins. The parties acknowledge that any inlet and outlet structures and related facilities, together with any other improvements that currently exist on the Oakes Basin, are deemed to be completed work, for which there will be no allocation of costs pursuant to this Agreement. The Parties agree that further improvements will be made on or related to the Oakes and Andrade Basins as follows:
a. Outlet Structures. The City, at its own expense, will pay the costs to prepare plans, specifications, drawings, engineering studies and estimates to construct an outlet structure (hereinafter referred to as the “Outlet”) for the Oakes Basin that will release water from the Oakes Basin into Mill Creek. The Outlet will be constructed by the City or its contractors as agents of the District. The costs of the construction of the Outlet will be paid by City. b. Increase Inlet Capacity. City and District will cooperate to prepare the plans, specifications, drawings, engineering studi es and estimates necessary for the planning and development of new inlet improvements to increase the inlet capacity from Packwood Creek into Oakes Basin by installing additional or expanded inlet pipes and related facilities (hereinafter referred to as “New Inlet Facilities”). Required modification and upgrades to the existing Mill Creek Check Structure shall be considered as New Inlet Facilities improvements that are necessary to provide the ability for Storm Water Layoff into the Basin. The New Inlet Facilities will be constructed by the City or its contractors as agents of the District. The costs of the construction of the New Inlet Facilities will be paid by City. c. Andrade Basin. City, at its own expense, will desi gn and construct a basin for groundwater recharge and storm water de tention on approximately eighteen (18) acres, located adjacent to and immediately west of the Oakes Basin, on the Andrade Property, which basin (hereinafter referred to as the “Andrade Basin”) will be designed, excavated and otherwise 607
7 constructed to join, and operated with the Oakes Basin. d. Plans and Specifications. All plans and specifications for the initial improvements described in this section 2 shall be approved by both Parties, in writing, which includes approvals communicated by e-mail or facsimile transmission, prior to commencement of any construction.
3. Ownership. The District presently is and will continue to be the owner of record of the fee simple interest in the Oakes Basin. The City is the owner of record of the fee simple interest in the Peoples Basin and Andrade Basin. Notwithstanding the Parties’ anticipated contributions to the future development of the Basins and their contribution to the construction, operation, maintenance, repair, rehabilitation a nd replacement of im provements hereafter constructed in or about the Basins, each agrees that it will not develop or otherwise become entitled to any fee simple ownership interest in the Basin owned by the other.
4. Conveyance of License . Each Party hereby conveys to the other Party the right to use the Basin owned by the conveying Party, for the purposes described in this Agreement, subject to the terms and conditions contained in this Agreement, and limited by the following:
a. Oakes Basin. It is anticipated that Oakes Basin shall have an average useable depth of 10 feet; of this depth, District shall have the excl usive right to the first 2 feet and the City shall have the exclusive right to use 8 feet thereafter. b. Andrade Basin. It is anticipated that Andrade Basin shall have an average useable depth of 10 feet; of this depth, District shall have the excl usive right to the first 2 feet and the City shall have the exclusive right to use 8 feet thereafter. c. Peoples Basin. It is anticipated that the Peoples Basin shall have an average useable depth of 9 feet; of this depth, Di strict shall have the exclusive right to use the 608
8 first 2 feet and City shall have the exclusive right to use the remaining 7 feet thereafter. d. Limitation. The licenses herein grante d shall not entitle the Parties to use the Basins except as necessary for the fulfillment of the purposes of this Agreement. This Agreement shall not prevent, and a Party shall not interfere with, any use that the Party which owns a Basin may desire to make of the Basin. By way of example, City acknowledges that this Agreement shall not interfere with the District’s established habitat and landscaping amenities on areas outside of the top bank on the Oakes Basin. City further acknowledges that it shall have no right to manage or control such amenities by virtue of this Agreement. e. Encroachment. The depth for wh ich subparagraphs a, b and c above establish an exclusive use for the respective Par ties shall be referred to herein as a party’s “Storage Depth”. Neither party shall encroach or cause an encroachment of water into the Storage Depth of the other except as provided in this paragraph. Either party may request the other party to consent to a temporary encroachme nt into the Storage Depth of the other for any use permitted by law. Any encroachment request shall be made with prior notice and shall indicate the anticipated timing and duration of such encroachment. If consent to the requested encroachment is granted, the water detained in the other party's Storage Depth shall remain the property of the encroaching party, water recharged as a result of the encroachment shall be considered as water put to beneficial use by the encroaching party, and the consenting party shall have no claim to such water. Further, if consent is granted, whether on a one-time or on a continual basis, such consent shall never form the basis for a claim of a continuing right to encroach in the future. In the event an encroach ment is consented to and then the consent is withdrawn because the consenting party has an immediate need for the storage space, the party withdrawing consent shall be responsible for the costs of evacuating the encroaching water from 609
9 the respective basin, and shall only do so with the approval of the encroaching party and in a manner consistent with Paragraph 4 of this Agreement.
5. Downstream Water Rights. The Parties acknowledge that the diversion of the flow of waters from natural ch annels upstream from the City, the temporary storage of such waters in the Basins and the percolation of such waters in the Basins, may all impact and could potentially damage those persons and/or entities who have a right to divert water from said natural channels downstream from the Basins. Therefore, the City agrees that the City and the District have entered into a separate agreement, entitled “Water Diversion Agreement,” with each downstream holder of an appropriative water right (hereinafter referred to individually as “Water Right Holder” or collectively as “Water Right Holders”). An example of a signed Water Diversion Agreement is attached hereto as Exhibit G.
6. Operation of Basins. Pursuant to one or more Water Diversion Agreement, agents of the Kaweah & St. Johns Rivers A ssociation (hereinafter referred to as the “Association”) shall be requested to take the actions necessary to direct water into and out of the Basins for storm water layoff purposes, includi ng any and all such operations required to accomplish such tasks and the record keeping rela ted thereto. District will perform all operations required in or about the Basins in order to use the Basins for groundwater recharge. The City will instruct the Association and notify the District as to when the City desires to use the Basins for storm water layoff and/or groundwater recharge, including the diversion of water owned by third parties; however, such use shall be subject to prior approval of the Kaweah River Watermaster pursuant to the relevant Water Diversion Agreement.
7. Accounting for Loss. The Parties acknowledge that water stored at the Basin will result in the loss of water through various means, including but not limited to, groundwater 610
10 percolation and evaporation. The amount of each Party's water loss experienced at the Basins shall be estimated on a pro-rata basis according to the respective amount and duration of Storage Depth used by the Parties.
8. Maintenance of Excavation and Earthworks Improvements. The District will perform, at its own discretion, all operation, maintenance, repa ir, rehabilitation and replacement of the excavation and earthwork improvements in the Basins in a manner similar to the ordinary operation, maintenance, repair, rehabilitation and replacement as the District employs for similar improvements in its other groundwater recharge ba sins. The costs to ope rate, maintain, repair, rehabilitate and replace the excavation and earthwork improvements in the Basins shall be allocated between the Parties based on the Storag e Depth of the basin in question allocated to groundwater recharge, which costs shall be shared equally by the parties, and the Storage Depth of such basin allocated to storm water layoff, which costs shall be paid wholly by the City. The aforementioned Storage Depth of each basin allo cated to groundwater recharge and storm water layoff shall be determined and agreed to in a future agreement between the Parties upon completion of earthwork improvements.
9. Structure and Mechanical Facilities Maintenance. The District will perform or delegate all structure and mechanical facilities operation, maintenance, repair, rehabilitation and replacement on the Basins. The District herein assigns the City the responsibility of debris removal to the New Inlet Facilities for the Oakes and Andrade Basins. The costs of doing such work shall be allocated between the Parties as he reinafter provided in this section 9. The costs to maintain, repair, rehabilitate and replace the bridge across Packwood Creek and connected to the Oakes Basin shall be shared equally between the Parties. The costs to maintain, repair, rehabilitate and replace the Oa kes Basin outlet structures to Mill Creek and Packwood Creek 611
11 including any related mechanical facilities shall be allocated one hundred percent (100%) to the City. The costs to maintain, repa ir, rehabilitate and replace the ov erflow structure to Packwood Creek and related mechanical facilities shall be allocated sixty percent (60%) to the City and forty percent (40%) to the District. The costs to maintain, repair, rehabilitate and replace the Oakes Basin New Inlet Facilities and related mechanical facilities shall be allocated sixty percent (60%) to the City and forty percent (40%) to the District. The costs to maintain, repair, rehabilitate and replace any other structure or mechanical facility on the Basins shall be allocated between the Parties the same as the costs were allocated for the initial construction of such structure or mechanical facility.
10. Term. This agreement shall extend in perpetuity, unless terminated as hereinafter provided. Either Party may terminate this Agreemen t for good cause, as defined solely in this paragraph, upon ninety (90) days notice, as hereinafter provided, which notice shall also describe the good cause for such termination. Good cause shall exist to support termination if, and only if, use of a Basin by one of the Parties has caused or with reasonable certainty will cause the other Party to lose the ability to use the Basin for their purposes. The Parties shall, in good faith, attempt to remedy any use of the Basin that has caused either Party to lose the ability to use the Basin for its purposes. In the event that such actions are unsuccessful in attempting to remedy and one of the Parties te rminates this agreement for good caus e, the other Party shall have the option to purchase all of terminating Party’s interests in the Basin at the then fair market value, as determined by independent appraiser mutually acceptable to the Parties.
11. District’s Right of First Refusal. District shall have the right of first refusal to purchase the Peoples Basin or the Andrade Basi n on the same terms and conditions as a bona fide offer received by the City from a third party that is acceptable to the City. City shall notify 612
12 District of receipt of an acceptable bona fide of fer, including all pertinent terms, and District shall have 14 days to notify City that it will purchase the property on the same terms and conditions contained in the offer.
12. City’s Right of First Refusal. City shall have the right of first refusal to purchase the Oakes Basin on the same terms and conditions as a bona fide offer received by the District from a third party that is acceptable to the District. District shall notify City of receipt of an acceptable bona fide offer, including all pertinent terms, and City shall have 14 days to notify District that it will purchase the property on the same terms and conditions contained in the offer.
13. Discharge Permits. The City shall obtain and keep current all permits or other government approvals required by law, regulations or ordinan ce, including National Pollution Discharge Elimination System permits, for the discharge of water from the Basins into natural channels as provided in this agreement.
14. Reimbursements and Payments. A Party requesting reimbursement from the other party for construction, ope ration, maintenance, repair, re habilitation or replacement, pursuant to the agreements, shall submit a detailed invoice to the other party. The Parties agree to manage their budgets so that they can promptly pay their respective share of the costs of work in the Basins.
15. Indemnification and Hold Harmless. To the fullest extent permitted by law, the City shall indemnify, hold har mless and defend the District, its di rectors, officers, employees, consultants, agents or authorized volunteers, and each of them, from and against:
a. Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities, in law or in equity, of every kind or nature whatsoever for, but not limited to, injury to or death of any person and damages to or destruction of property of any person, arising 613
13 out of or in any manner directly or indirectly connected with the diversion of water pursuant to this agreement, any diversion of water pur suant to the aforementioned Water Diversion Agreement or the construction, operation, maintenance, repair, rehabilitation or replacement of improvements of the Basins; and
b. Any and all actions, proceedings, dama ges, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of any action taken pursuant to th is agreement or the aforementioned Water Diversion Agreement that causes or results in the violation of any law, regulation or ordinance. c. The parties agree that the provisions of this section 15 shall apply with full force to the acts and omissions of any contractor or other third party acting at the request of or in concert with the City, and such acts and omissions shall be treated as acts and omissions of the City itself for the purposes of this section 15.
16. Notices. All notices or other communications required or desired to be given under this Agreement shall be given in writing a nd mailed, delivered or tr ansmitted to the other party at the address indicated below:
To City at:
CITY OF VISALIA
220 North Santa Fe Street
Visalia, California 93292
Attention: City Manager
Telephone number: (559) 713-4300
Facsimile number: (559) 713-4800
To District at:
KAWEAH DELTA WATER CONSERVATION DISTRICT
2975 N. Farmersville Blvd.
Farmersville, California 93223
Attention: General Manager
614
14 Telephone number: (559) 747-5601
Facsimile number: (559) 747-1989
Each such notice or other communication shall be deemed effective and given (i) upon receipt, if personally delivered; (ii) upon bein g transmitted, if sent by electronic facsimile, if a copy of the notice is also sent by United States first class mail and provided receipt is confirmed by a transmission report or otherwise; (iii) two (2) business days after deposit in the United States mail, postage prepaid, properly addressed to the Party to be served; or (iv) upon receipt, if sent in any other way. Either Party may from time to time, by written notice, designate a different address than that set forth above for the purpose of notice, provided, however, that no notice of change of address shall be effective until actual receipt of the notice.
17. Representation and Warranties. Each Party represents to the other Party that such Party has the full power and authority to enter into this Agreement, that the execution and delivery thereof will not affect any agreement to which such Party is a Party or by which such Party is bound, and that this Agreement, as executed and delivered, constitutes a valid and binding obligation of such Party enforceable in accordance with its terms. Each of the parties to this Agreement represent and warrant that this Agreement is executed in compliance with a Resolution of the governing entity of the public agency, duly adopted by the governing entity and transcribed in full in the Minutes of the governing entity.
18. Duty to Cooperate. Each Party shall cooperate so as to facilitate the other Party's efforts to carry out its obligations under this Agreement.
19. Assignment, Successors and Transferees. Neither Party shall assign its rights and obligations under this Agreement without the express written consent of the other Party. The obligations and benefits of this Agreement are binding upon and inure to the benefit of any successors and assigns to the parties hereto.
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15 20. Amendment/Modification. This Agreement may not be altered, modified or otherwise changed in any respect except by writing, duly executed by the parties and their authorized representatives.
21. Construction. The parties acknowledge that e ach Party and its counsel have reviewed and revised this Agreement and th at notwithstanding Civil Code Section 1654, ambiguities, if any, are not to be resolved against the drafting Party and no presumption against one Party to the other shall govern the interpretation or construction of any of the terms of this Agreement.
22. Waivers. A waiver or breach of a covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving Party. Any extension of time for performance of any obligation or act shall not be deemed an extension of time for performance of any other obligation or act.
23. Recording of Agreement. This Agreement shall be recorded in the office of the County Recorder of Tulare County. The parties shall execute any documents required for the purpose of recording this Agreement.
616
16 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth above.
City: District:
CITY OF VISALIA
By ___________________________
City Manager
Attested:
___________________________
Deputy City Clerk
Approved as to form:
___________________________
Risk Management Manager
___________________________
City Attorney
KAWEAH DELTA WATER
CONSERVATION DISTRICT
By ___________________________
President
By ___________________________
General Manager
617
17 CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGEMENT
State of California )
County of )
On , before me, ,
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s he/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.
WITNESS
my hand and official seal.
Signature (Seal)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGEMENT
State of California )
County of )
On , before me, ,
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s he/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.
WITNESS
my hand and official seal.
Signature (Seal)
(here insert name and title of the
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
(here insert name and title of the
officer)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validit
y of that document.
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18 EXHIBIT A
(Legal Description – Oakes Basin)
That portion of Lot 23 of Mineral King Orchard Tract, per map recorded in Book 8, page 63, of Maps in the Office of the County Recorder, County of Tulare, State of California, lying Westerly of the center line of Packwood Creek, said center line of Packwood Creek being described as follows:
Beginning at the Southwest corner of Lot 22 of said Mineral King Orchard Tract, said Southwest corner of Lot 22 being a point in the centerline of Packwood Creek;
Thence, Southwesterly 1620 feet, more or less, along said centerline of Packwood Creek, as it existed on May 1, 1997, to a point in the West line of said Lot 23, said point being 150 feet North of the Southwest corner of said Lot 23. 619
19 EXHIBIT B
(Legal Description – Peoples Basin)
The real property located in Tulare County, California, described as follows:
That portion of the Northeast quarter of the Northeast quarter of Section 14, Township 18 South, Range 26 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, described as follows:
Excepting therefrom that portion lying south of the centerline of the Lower Kaweah River. 620
20 EXHIBIT C
People Basin
621
21 EXHIBIT D
(Legal Description – Andrade Basin)
That portion of the North half of the Southeast quarter of Section 26, Township 18 South, Range 25 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California, more particularly described as Parcel 2 of Parcel Map No. 4782, according to the map recorded in Book 48, Page 87 of Parcel Maps, Tulare County Records.
Together with an easement for access over and across the North 20 feet of Parcel 1 of Parcel Map No. 4782 as per map recorded in Book 48, Page 87 of Parcel Maps.
622
22 EXHIBIT E
Oakes and Andrade Basins
623
23 EXHIBIT F
Freeboard
(Min. 1 ft.)
Excavation
(Recharge)
Excavation
(Layoff)
Water Level
Final Grade
Top of Basin
Finish Grade
Recharge
Depth (2 ft)
Storm Water
Layoff Depth
Freeboard
(Min. 1 ft.)
Excavation
(Recharge)
Water Level
Final Grade
Top of Basin
Finish Grade
Water
Depth (2 ft)
RECHARGE IMPROVEMENT
RECHARGE/LAYOFF IMPROVEMENT
624
24 EXHIBIT G
(sample Water Diversion Agreement)
625
25 626
26 627
27 628
28 629
29 630
30 631
31 632
32 633
33 634
34 635
35 636
36 637
37 638
1 RECORDING REQUESTED BY:
Kaweah Delta Water Conservation District
WHEN RECORDED MAIL TO:
Kaweah Delta Water Conservation District
2975 North Farmersville Blvd.
Farmersville, CA 93223
Attn: Larry Dotson
Space above this line for Recorder’s use
Documentary Transfer Tax $0.00
Exempt under Cal. Government Code Section 6103
RESTATED BASIN AGREEMENT
(Oakes, Andrade and Peoples Basins)
THIS AMENDED AND RESTATED BASIN AGREEMENT (hereinafter referred to as the “Agreement”) is made this ______ day of _______________, 2023 by and between the CITY OF VISALIA (hereinafter referred to as the "City") and the KAWEAH DELTA WATER CONSERVATION DISTRICT (hereinafter referred to as the "District").
RECITALS
A. WHEREAS, the City is a charter city duly organized under the laws of the State of California;
B. WHEREAS, the District is a water conservation district, duly organized under authority of The Water Conservation Act of 1927 found in Deerings Water Uncodified Acts, Act 9127a;
C. WHEREAS, under authority of its charter, the City has developed a Storm Water Master Plan which it implements to dispose of storm water drained off of City streets and other locations in the City as expeditiously and efficiently as possible in order to reduce flooding within the City;
639
2 D. WHEREAS, histori cally, and more recently as part of the City’s Storm Water Master Plan, the City has discharged storm water into natural and man-made channels such as Mill Creek , Packwood Creek , Modoc Ditch and Evans Ditch as they flow through the City, which means that t he greater the available capacity of such channels to take storm water, the greater the benefit such channels are to the City in its efforts to dispose of storm water; E. WHEREAS, it is anticipated that current and future development within the City will increase the need for additional capacity for storm water discharges into the natural channels located in the City;
F. WHEREAS, the City will be able to optimize the capacity of the aforementioned channels within the City available for the disposition of storm water, if, during storms, the City is able to temporarily divert upstream flows in such channels into off -stream basins for short term detention;
G. WHEREAS, the City and District (hereinafter sometimes individually referred t o as the “Party” and collectively as the “ Parties”) have entered into agreements with holders of water rights on the Lower Kaweah River system (“Water Diversion Agreements”), which, among other things, will allow the city to divert and detain the water right holders’ (“Water Right Holders”) water upstream of the City for the purpose of creating additional capacity in the aforementioned channels available for the disposition of storm water; H. WHEREAS, the District has for many years engaged in a program of groundwater recharge whereby it uses waters available to the District and purchases other waters to import into the District for the purpose of recharging the groundwater underlying the District, which it accomplishes, in part, by placing such waters into one or more of its approximately forty (40) groundwater recharge basins;
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3 I. WHEREAS, historical groundwater level measurements taken within the District indicate that the groundwater in and around the City is overdrafted and continuing to decline; J. WHEREAS, the City and the District both desire to develop groundwater recharge facilities that will recharge the groundwater underlying and surrounding the City; K. WHEREAS, the District owns a parcel of real property comprised of approximately 40 acres (hereinafter referred to as the "Oakes Basin"), the legal description for which is attached hereto as Exhibit A, located at the terminus of the Lower Kaweah River and also located adjacent to both Mill Creek and Packwood Creek, both of which are natural channels that flow through the City, on which parcel the District and the City have developed a groundwater recharge basin and a storm water facility;
L. WHEREAS, the City owns a parcel of real property comprised of approximately 37 acres (hereinafter referred to as the “Peoples Basin”), the legal description for which is attached hereto as Exhibit B, located adjacent to the Lower Kaweah River, as shown on Exhibit C, which river has distributaries that flow through the City; M. WHEREAS, the City owns property (hereinafter referred to as the “ Andrade Property”), the legal description for which is attached hereto as Exhibit D, located immediately west and adjacent to the Oakes Basin , as shown on Exhibit E, on which it intends to construct improvements that combined with the Oakes Basin will form a single basin; and N. WHEREAS, on or about November 7, 2006, District and City entered into a Basin Agreement, which governed the Parties rights with respect to the Oakes Basin and the Peoples Basin and other related matters, which agreement (hereinafter referred to as the “Original Basin Agreement”) the Parties now desire to modify and replace in its entirety by this Agreement; O. WHEREAS, the City and the District desire to develop and construct 641
4 improvements on the Oakes Basin, the Peoples Basin and Andrade Basin (hereinafter the basins may be individually referred to as a “Basin” and collectively referred to as the “Basins ”), so that all can be used as both a storm water facility and a groundwater recharge basin in a manner that will be beneficial to both the District and the City;
P.
NOW, THEREFORE, in and for consideration of the mutual c ovenants, conditions and promises hereinafter set forth, the Parties hereby agree as follows:
1. Development of the Peoples Basin. The City and the District will share the costs to develop the Peoples Basin as follows:
a. Initial Earthwork Improvements . The Parties shall each pay their share of costs to develop the Peoples Basin for the City’s and District’s use in accordance with the allocation of such costs as set forth in this Agreement. The Parties have conceptually agreed that the costs of earthwork to develop the Peoples Basin for groundwater recharge should be borne equally by the District and the City, with the understanding that the initial earthwork to develop the Peoples Basin for groundwater recharge shall allow for a water storage depth of two (2) feet and the deve lopment of another one (1) foot for freeboard. Further, the Parties have conceptually agreed that the costs for any further earthwork to develop the Peoples Basin, deeper than described above for groundwater recharge, shall be deemed to have be en incurred to develop the Peoples Basin for the City’s storm water layoff, and, therefore, all such costs shall be allocated one hundred percent (100%) to the City. Attached to this Agreement as Exhibit E is a drawing showing examples of the earthwork requirements, both at grade and below grade, necessary to develop the Peoples Basin for City and District purposes. All plans and specifications for the earthwork to develop the Peoples Basin shall be approved by the 642
5 Parties, in writing, which includes approvals communicated by e-mail or facsimile transmission, prior to the commencement of such earthwork. b. Each Party will pay its share of costs to plan and construct new inlet and outlet improvements in the Peoples Basin in accordance with the allocation of such costs as follows:
(i) Plans and Specifications. The Parties will share equally the costs of all plans, specifications, drawings, engineering studies , permits and estimates necessary for the planning and development of the new inlet and outlet improvements for People Basin. All plans and specifications for the initial improvements described in this subparagraph b shall be approved by both Parties, in writing, which includes approvals communicated by e -mail or facsimile transmission, prior to commencement of any construction.
(ii) Construction Costs . The costs to construct a one hundred (100) cubic feet per second inlet structure and related facilities in or about the Peoples Basin will be allocated forty percent (40%) to the District and sixty percent (60%) to the City. The costs t o construct a forty (40) cubic feet per second outlet structure and related facilities in or about the Peoples Basin will be allocated one hundred percent (100%) to the City.
c. SCADA Systems Costs . If the Parties desire to install a supervisory control and data acquisition system (hereinafter referred to as a “SCADA system ”) for the Peoples Basin, then the determination respective benefits to each Party will be allocated at forty percent (40%) to the District and sixty percent (60%) to the City . The aforementioned determination of benefits shall be used by the Parties to reach an agreement as to the proper 643
6 allocation o f costs related to the construction, operation, maintenance, repair, rehabilitation or replacement of any SCADA system related to the Peoples Basin.
2. Improvements to Oakes and Andrade Basins. The parties acknowledge that any inlet and outlet structures
and related facilities, together with any other improvements that currently exist on the Oakes Basin, are deemed to be completed work, for which there will be no allocation of costs pursuant to this Agreement . The Parties agree that further improvements will be made on or related to the Oakes and Andrade Basins as follows:
a. Outlet Structures . The City, at its own expense, will pay the costs to prepare plans, specifications, drawings, engineering studies and estimates to construct an outlet structure (hereinafter referred to as the “Outlet”) for the Oakes Basin that will release water from the Oakes Basin into Mill Creek. The Outlet will be constructed by the City or its contractors as agents of the District. The costs of the construction of the Outlet will be paid by City. b. Increase Inlet Capacity . City and District will cooperate to prepare the plans, specifications, drawings, engineering studies and estimates necessary for the planning and development of new inlet improvements to increase the inlet capacity from Packwood Creek into Oakes Basin by installing additional or expanded inlet pipes and related facilities (hereinafter referred to as “New Inlet Facilities”) . Required modification and upgrades to the existing Mill Creek Check Structure shall be considered a s New Inlet F acilities improvements that are necessary to provide the ability for Storm Water Layoff into the Basin . The New Inlet Facilities will be constructed by the City or its contractors as agents of the District . The costs of the construction of the New Inlet Facilities will be paid by City. 644
7 c. Andrade Basin . City , at its own expense, will design and construct a basin for groundwater recharge and storm water detention on approximately eighteen (18) acres , located adjacent to and immediately west of the Oakes Basin , on the Andrade P roperty, which basin (hereinafter referred to as the “Andrade Basin”) will be designed, excavated and otherwise constructed to join, and operated with the Oakes Basin. d. Plans and Specifications. All plans and specifications for the initial improvements described in this section 2 shall be approved by both Parties, in writing, which includes approvals communicated by e -mail or facsimile transmission, prior to commencement of any construction.
3. Ownership. The District presently is and will continue to be the owner of record of the fee simple interest in the Oakes Basin. The City is the owner of record of the fee simple interest in the Peoples Basin and Andrade Basin. Notwithstanding the Parties’ anticipated contributions to the future development of the Basins and their contribution to the construction, operation, maintenance, repair, rehabilitation and replacement of improvements hereafter constructed in or about the Basins, each agrees that it will not develop or otherwise become entitled to any fee simple ownership interest in the Basin owned by the other.
4. Conveyance of License. Each Party hereby conveys to the other Party the right to use the Basin owned by the conveying Party , for the purposes described in this Agreement, subject to the terms and conditions contained in this Agreement, and limited by the following:
a. Oakes Basin . It is anticipated that Oakes Basin shall have an average useable depth of 10 feet; of this depth, District shall have the exclusive right to the first 2 feet and the City shall have the exclusive right to use 8 feet thereafter. b. Andrade Basin. It is anticipated that Andrade Basin shall have an average 645
8 useable depth of 10 feet; of this depth, District shall have the exclusive right to the first 2 feet and the City shall have the exclusive right to use 8 feet thereafter. c. Peoples Basin . It is anticipated that the Peoples Basin shall have an average useable depth of 9 feet; of this depth, District shall have the exclusive right to use the first 2 feet and City shall have the exclusive right to use the remaining 7 feet thereafter. d. Limitation. The licenses herein granted shall not entitle the Parties to use the Basins except as necessary for the fulfillment of the purposes of this Agreement. This Agreement shall not prevent, and a Party shall not interfere with, any use that the Party which owns a Basin may desire to make of the Basin . By way of example, City acknowledges that this Agreement shall not interfere with the District’s established habitat and landscaping amenities on areas outside of the top bank on the Oakes Basin. City further acknowledges that it shall have no right to manage or control such amenities by virtue of this Agreement. e. Encroachment. The depth for which subparagraphs a , b and c above establish an exclusive use for the respective Parties shall be referred to herein as a party’s “Storage Depth”. Neither party shall encroach or cause an encroachment of water into the Storage Depth of the other except as provided in this paragraph. Either party may request the other party to consent to a te mporary encroachment into the Storage Depth of the other for any use permitted by law. Any encroachment request shall be made with prior notice and shall indicate the anticipated timing and duration of such encroachment. If consent to the requested encroachment is granted, the water detained in the other party's Storage Depth shall remain the property of the encroaching party, water recharged as a result of the encroachment shall be considered as water put to beneficial use by the encroaching party, and the consenting party shall have no claim to such water. Further, if consent is granted, whether on a one -time or on a 646
9 continual basis, such consent shall never form the basis for a claim of a continuing right to encroach in the future. In the event an encroac hment is consented to and then the consent is withdrawn because the consenting party has an immediate need for the storage space, the party withdrawing consent shall be responsible for the costs of evacuating the encroaching water from the respective basin , and shall only do so with the approval of the encroaching party and in a manner consistent with Paragraph 4 of this Agreement.
5. Downstream Water Rights. The Parties acknowledge that the diversion of the flow of waters from natural channels upstream f rom the City, the temporary storage of such waters in the Basins and the percolation of such waters in the Basins , may all impact and could potentially damage those persons and/or entities who have a right to divert water from said natural channels downstr eam from the Basins. Therefore, the City agrees that the City and the District have entered into a separate agreement, entitled “Water Diversion Agreement ,” with each downstream holder of an appropriative water right (hereinafter referred to individually as “Water Right Holder” or collectively as “Water Right Holders”). An example of a signed Water Diversion Agreement is attached hereto as Exhibit G.
6. Operation of Basins. Pursuant to one or more Water Diversion Agreement, agents of the Kaweah & St. Johns Rivers Association (hereinafter referred to as the “Association”) shall be requested to take the actions necessary to direct water into and out of the Basins for storm water layoff purposes, including any and all such operations required to accomplish such tasks and the record keeping related thereto. District will perform all operations required in or about the Basins in order to use the Basins for groundwater recharge. The City will instruct the Association and notify the District as to when the City desires to use the Basins for storm water layoff and/or groundwater recharge, including the diversion of water owned by third 647
10 parties; however, such use shall be subject to prior approval of the Kaweah River Watermaster pursuant to the relevant Water Diversion Agreement.
7. Accounting for Loss. The Parties acknowledge that water stored at the Basin will result in the loss of water through various means, including but not limited to, groundwater percolation and evaporation. The amount of each Party's water loss experienced at the Basins shall be estimated on a pro-rata basis according to the respective amount and duration of Storage Depth used by the Parties.
8. Maintenance of Excavation and Earthworks Improvements. The District will perform, at its own discretion, all operation, maintenance, repair, rehabilitation and replacement of the excavation and earthwork improvements in the Basins in a manner similar to the ordinary operation, maintenance, repair, rehabilitation and replacement as the District employs for similar improvements in its other groundwater recharge basins. The costs to operate, maintain, repair, rehabilitate and replace the excavation and earthwork improvements in the Basins shall be allocated between the Parties based on the Storage Depth of the basin in question allocated to groundwater recharge, which cos ts shall be shared equally by the parties, and the Storage Depth of such basin allocated to storm water layoff, which costs shall be paid wholly by the City. The aforementioned Storage Depth of each basin allocated to groundwater recharge and storm water layoff shall be determined and agreed to in a f uture agreement between the Parties upon completion of earthwork improvements.
9. Structure and Mechanical Facilities Maintenance. The District will perform or delegate all structure and mechanical facilities operation, maintenance, repair, rehabilitation and replacement on the Basins . The District herein assigns the City the responsibility of debris removal to the New Inlet Facilities for the Oakes and Andrade Basins. The costs of doing such 648
11 work shall be allocated between the Parties as hereinafter provided in this section 9. The costs to maintain, repair, rehabilitate and replace the bridge across Packwood Creek and connected to the Oakes Basin shall be shared equally between the Parties. The cost s to maintain, repair, rehabilitate and replace the Oakes Basin outlet structures to Mill Creek and Packwood Creek including any related mechanical facilities shall be allocated one hundred percent (100%) to the City. The costs to maintain, repair, rehabilitate and replace the overflow structure to Packwood Creek and related mechanical facilities shall be allocated sixty percent ( 60%) to the City and forty percent (40%) to the District . The costs to maintain, repair, rehabilitate and replace the Oakes Basin New Inlet Facilities and related mechanical facilities shall be allocated sixty percent (60%) to the City and forty percent (40%) to the District. The costs to maintain, repair, rehabilitate and replace any other structure or mechanical facility on the Basins shall be allocated between the Parties the same as the costs were allocated for the initial construction of such structure or mechanical facility.
10. Term. This agreement shall extend in perpetuity, unless terminated as hereinafter provided. Either Party may terminate this Agreement for good cause, as defined solely in this paragraph, upon ninety (90) days notice, as hereinafter provided, which notice shall also describe the good cause for such termination. Good cause shall exist to support termination if, and only if, use of a Basin by one of the Parties has caused or with reasonable certainty wi ll cause the other Party to lose the ability to use the Basin for their purposes. The Parties shall, in good faith, attempt to remedy any use of the Basin that has caused either Party to lose the ability to use the Basin for its purposes. In the event that such actions are unsuccessful in attempting to remedy and one of the Parties terminates this agreement for good cause, the other Party shall have the option to purchase a ll of terminating Party’s interests in the Basin at the then fair market value, 649
12 as determined by independent appraiser mutually acceptable to the Parties.
11. District’s Right of First Refusal. District shall have the right of first refusal to purchase the Peoples Basin or the Andrade Basin on the same terms and conditions as a bona fide offer received by the City from a third party that is acceptable to the City. City shall notify District of receipt of an acceptable bona fide offer, including all pertinent terms, and District shall have 14 days to notify City that it will purchase the property on the same terms and conditions contained in the offer.
12. City’s Right of First Refusal. City shall have the right of first refusal to purchase the Oakes Basin on the same terms and conditions as a bona fide offer received by the District from a third party that is acceptable to the District. District shall notify City of receipt of an acceptable bona fide offer, including all pertinent terms, and City shall have 14 days to notify District that it will purchase the property on the same terms and conditions contained in the offer.
13. Discharge Permits. The City shall obtain and keep current all permits or other government approvals required by law, regulations or ordinance, including National Pollution Discharge Elimination System permits, for the discharge of water from the Basins into natural channels as provided in this agreement.
14. Reimbursements and Payments . A Party requesting reimbursement from the other party for construction, operation, maintenance, repair, rehabilitation or replacement, pursuant to the agreements, shall su bmit a detailed invoice to the other party. The Parties agree to manage their budgets so that they can promptly pay their respective share of the costs of work in the Basins.
15. Indemnification and Hold Harmless. To the fullest extent permitted by law, the City shall indemnify, hold harmless and defend the District, its directors, officers, employees, 650
13 consultants, agents or authorized volunteers, and each of them, from and against:
a. Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities, in law or in equity, of every kind or nature whatsoever for, but not limited to, injury to or death of any person and damages to or destruction of property of any person, arising out of or in any manner directly or indirectly connected with the diversion of water pursuant to this agreement, any diversion of water pursuant to the aforementioned Water Diversion Agreement or the construction, operation, maintenance, repair, rehabilitation or r eplacement of improvements of the Basins; and
b. Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or natu re whatsoever, arising out of, resulting from, or on account of any action taken pursuant to this agreement or the aforementioned Water Diversion Agreement that causes or results in the violation of any law, regulation or ordinance. c. The parties agree that the provisions of this section 15 shall apply with full force to the acts and omissions of any contractor or other third party acting at the request of or in concert with the City, and such acts and omissions shall be treated as acts and omissions of the City itself for the purposes of this section 15.
16. Notices. All notices or other communications required or desired to be given under this Agreement shall be given in writing and mailed, delivered or transmitted to the other party at the address indicated below:
To City at:
CITY OF VISALIA
220 North Santa Fe Street
Visalia, California 93292
Attention: City Manager
Telephone number: (559) 713-4300
Facsimile number: (559) 713-4800
651
14 To District at:
KAWEAH DELTA WATER CONSERVATION DISTRICT
2975 N. Farmersville Blvd.
Farmersville, California 93223
Attention: General Manager
Telephone number: (559) 747-5601
Facsimile number: (559) 747-1989
Each such notice or other communication shall be deemed effective and given (i) upon receipt, if personally delivered; (ii) upon being transmitted, if sent by electronic facsimile, if a copy of the notice is also sent by United States first class mail and provided receipt is confirmed by a transmission report or otherwis e; (iii) two (2) business days after deposit in the United States mail, postage prepaid, properly addressed to the Party to be served; or (iv) upon receipt, if sent in any other way. Either Party may from time to time, by written notice, designate a diffe rent address than that set forth above for the purpose of notice, provided, however, that no notice of change of address shall be effective until actual receipt of the notice.
17. Representation and Warranties. Each Party represents to the other Party that such Party has the full power and authority to enter into this Agreement, that the execution and delivery thereof will not affect any agreement to which such Party is a Party or by which such Party is bound, and that this Agreement, as executed and d elivered, constitutes a valid and binding obligation of such Party enforceable in accordance with its terms. Each of the parties to this Agreement represent and warrant that this Agreement is executed in compliance with a Resolution of the governing entit y of the public agency, duly adopted by the governing entity and transcribed in full in the Minutes of the governing entity.
18. Duty to Cooperate. Each Party shall cooperate so as to facilitate the other Party's efforts to carry out its obligations under this Agreement. 652
15 19. Assignment, Successors and Transferees. Neither Party shall assign its rights and obligations under this Agreement without the express written consent of the other Party. The obligations and benefits of this Agreement are bindi ng upon and inure to the benefit of any successors and assigns to the parties hereto.
20. Amendment/Modification. This Agreement may not be altered, modified or otherwise changed in any respect except by writing, duly executed by the parties and their authorized representatives.
21. Construction. The parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that notwithstanding Civil Code Section 1654, ambiguities, if any, are not to be resolved against the dra fting Party and no presumption against one Party to the other shall govern the interpretation or construction of any of the terms of this Agreement.
22. Waivers. A waiver or breach of a covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving Party. Any extension of time fo r performance of any obligation or act shall not be deemed an extension of time for performance of any other obligation or act.
23. Recording of Agreement. This Agreement shall be recorded in the office of the County Recorder of Tulare County. The parties shall execute any documents required for the purpose of recording this Agreement.
653
16 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth above.
City: District:
CITY OF VISALIA
By ___________________________
City Manager
Attested:
___________________________
Deputy City Clerk
Approved as to form:
___________________________
Risk Management Manager
___________________________
City Attorney
KAWEAH DELTA WATER
CONSERVATION DISTRICT
By ___________________________
President
By ___________________________
General Manager
654
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGEMENT
State of California )
County of )
On , before me, ,
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGEMENT
State of California )
County of )
On , before me, ,
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their aut horized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
(here insert name and title of the
officer)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
(here insert name and title of the
officer)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
655
18 EXHIBIT A
(Legal Description – Oakes Basin)
That portion of Lot 23 of Mineral King Orchard Tract, per map recorded in Book 8, page 63, of Maps in the Office of the County Recorder, County of Tulare, State of California, lying Westerly of the center line of Packwood Creek, said center line of Packwood Creek being described as follows:
Beginning at the Southwest corner of Lot 22 of said Mineral King Orchard Tract, said Southwest corner of Lot 22 being a point in the centerline of Packwood Creek;
Thence, Southwesterly 1620 feet, more or less, along said centerline of Packwood Creek, as it existed on May 1, 1997, to a point in the West line of said Lot 23, said point being 150 feet North of the Southwest corner of said Lot 23. 656
19 EXHIBIT B
(Legal Description – Peoples Basin)
The real property located in Tulare County, California, described as follows:
That portion of the Northeast quarter of the Northeast quarter of Section 14, Township 18 South, Range 26 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, described as follows:
Excepting therefrom that portion lying south of the centerline of the Lower Kaweah River. 657
20 EXHIBIT C
People Basin
658
21 EXHIBIT D
(Legal Description – Andrade Basin)
That portion of the North half of the Southeast quarter of Section 26, Township 18 South, Range 25 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California, more particularly described as Parcel 2 of Parcel Map No. 4782, according to the map recorded in Book 48, Page 87 of Parcel Maps, Tulare County Records.
Together with an easement for access over and across the North 20 feet of Parcel 1 of Parcel Map No. 4782 as per map recorded in Book 48, Page 87 of Parcel Maps.
659
22 EXHIBIT E
Oakes and Andrade Basins
660
23 EXHIBIT F
Freeboard
(Min. 1 ft.)
Excavation
(Recharge)
Excavation
(Layoff)
Water Level
Final Grade
Top of Basin
Finish Grade
Recharge
Depth (2 ft)
Storm Water
Layoff Depth
Freeboard
(Min. 1 ft.)
Excavation
(Recharge)
Water Level
Final Grade
Top of Basin
Finish Grade
Water
Depth (2 ft)
RECHARGE IMPROVEMENT
RECHARGE/LAYOFF IMPROVEMENT
661
EXHIBIT G
(sample Water Diversion Agreement)
662
663
664
665
666
667
668
669
670
671
672
673
674
675
City of Visalia
Agenda Item Transmittal
Meeting Date: April 17, 2006
Agenda Item Wording: Consider and authorize City Manager to enter into agreement with Kaweah Delta Water Conservation District providing for the development and joint use of basins owned by KDWCD, and consider and authorize the use of form agreements providing for consent by various water rights holders to temporarily divert water into the joint use basins.
Deadline for Action: April 17, 2006
Submitting Department: Public Works & City Attorney’s Office
For action by:
City Council
Redev. Agency Bd.
Cap. Impr. Corp.
VPFA
For placement on which
agenda:
Work Session
Closed Session
Regular Session:
Consent Calendar
Regular Item
Public Hearing
Est. Time (Min.):10
Agenda Item Number (Assigned by City Clerk): 2
Contact Name and Phone Number: Alex Peltzer, 636-0200
Andrew Benelli, 713-4340
Department Recommendation
Staff recommends that the Council grant the City Manager the authority to execute the attached agreements with Kaweah Delta Water Conservation District to divert storm water flows from Mill Creek.
Discussion
Presented for the City Council’s approval are tw o agreements that, if approved, would put into place a new tool for the City to use in storm water management. The two agreements, taken together, would allow the City to temporarily divert certain water flowing in the Mill Creek system out of the Creek before it enters the City and hold that water in upstream basins. Doing so would enable the City to control flows in Mill Creek, which would maximize the City’s ability to use that channel for disposing of storm waters generated within the City.
The terms of the agreements were negotiated by Public Works staff and drafted by a joint effort of the general counsel for Kaweah Delta Water Conservation District (“KDWCD”) and the City Attorney. The two agreements are:
1) A “Basin Agreement” between KDWCD and the City, establishing the terms by which the City and KDWCD will jointly develop off-st ream basins on property owned by KDWCD east of the City, and the terms of use of these basins. 2) A form agreement referred to as the “Water Diversion Agreement.” This agreement has been developed with the intent that it would be executed for each water user whose water is temporarily diverted into upstream basins.
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Background – Basin Agreements
The City and KDWCD have been working cooperatively on several projects related to the City’s efforts to develop a source of water that it would devote to groundwater recharge purposes, and to establish ways that such water could be managed for the City’s benefit. In the process, KDWCD identified two sites that initially were thought of as groundwater recharge sites.
KDWCD’s engineers, together with the City’s engineers, concluded that these sites could also be useful as temporary layoff basins which would aid in the City’s efforts to keep water out of Mill Creek during storm events.
The Oakes Basin site is a parcel of real property comprised of approximately 40 acres just east of the City limits, located where the Lower Kaweah River splits into Mill Creek and Packwood Creek, both of which are natural channels that flow through the City. If developed as anticipated, the Oakes Basin would be capable of receiving water from the Lower Kaweah River and discharging it back into either Mill Creek or Packwood Creek (Exhibit B).
The Peoples Basin site is adjacent to the Lower Kaweah River upstream from the Oakes Basin site. If developed as planned, the City and KDWCD would be able to deliver a portion of the flow of the Lower Kaweah River into the basin and back out of it into the river (Exhibit B).
By the time the potential storm water use for these sites was identified, KDWCD had already acquired the land for the basins and had started designing and constructing the facilities necessary for its own use of the basins. Since the potential joint use with the City was identified, the City and KDWCD negotiated a plan to jointly pay for more intensive development of the basins, and a way for the basins to be jointly managed for each other’s benefit.
The result of the negotiations is the Basin Agreement attached hereto as Exhibit A. The Basin Agreement provides for the following:
1. Development of Basins. The District will develop the basins, but the City will agree to reimburse costs according to a formula developed with the intent of reflecting the proportion of the basins the City will be entitled to use, as compared to portion the District will be entitled to use. Using this reasoning, the City and the District have agreed to share the costs to develop the Basins as follows:
- Future earthwork for the Oakes Basin is allocated 12.5% to KDWCD and 87.5% to the City. (The City’s share is significantly higher because KDWCD has already done a large portion of the work necessary to excavate the basin in a way that serves KDWCD’s purposes.)
- Earthwork for the Peoples Basin is allocated 23.08% to KDWCD and 76.92% to the City. (City will be entitled to use approximately 60 percent of the basin – City’s share of the costs is more than this because the land was acquired at KDWCD’s cost.) - A 40 cubic feet per second (cfs) inlet diversion structure for Oakes Basin has already been constructed at KDWCD’s cost, for which KDWCD will not be reimbursed. The cost of increasing the inlet structure to a 100 cfs inlet structure, and the cost of creating a new outlet structure are to be paid 100 percent by the City. An interior diversion structure is to be paid 20% by the KDWCD and 80% to the City. - A 100 cfs inlet diversion structure for People’s Basin is to be paid for 40% by the KDCWD and sixty percent 60% by the City. The costs to construct a 40 cubic feet per second outlet structure and related facilities will be allocated one hundred percent (100%) to the City, because KDCWD has no need to evacuate water from the basin. 677
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H:\(1) AGENDAS for Council\2006\041706\Item 2 SR_KAWEAH_DELTA_AGREEMENT_03.doc - The parties will share equally the costs of all plans, specifications, drawings, and engineering studies necessary for the planning and development of the Basins.
2. Use of Basins. The general intent of the Agreement is to allow for joint use of the basins at all times. The City intends to use its space in the basins for storm water relief during the storm season, but can also use its space for accepting delivery of water for groundwater recharge purposes during the non-storm season. The Agreement sets up exclusive areas of use:
- Oakes Basin is designed to have a total useable depth of 11 feet; of this depth, City shall have the exclusive right to use 9 feet of this depth, and KDWCD shall have the exclusive right to use the remaining 2 feet.
- Peoples Basin shall have a total useable depth of 5.5 feet; of this depth, City shall have the exclusive right to use 3.5 feet of this depth, and KDWCD shall have the exclusive right to use the remaining 2 feet.
In addition, the Agreement provides a mechanism for each party to encroach into the other party’s exclusive space by agreement. It is anticipated that the parties will have varying needs for the basins, and a cooperative approach to the management of the space in the basins is expected to be beneficial to both parties.
The actual cost of the work necessary to make use of the basins has not yet been established.
The Agreement specifies that the respective governing bodies of both the City and KDWCD must approve any project in furtherance of the agreement before it is undertaken. Staff anticipates bringing specific projects in furtherance of this agreement to the Council for approval in the near future.
Background – Basin Agreements
Mill Creek and Packwood Creek, as they flow thr ough the City, are used to convey water that originated at the Kaweah River belonging to a variety of water rights holders, primarily Tulare Irrigation District, Evans Ditch Company, Pers ian Ditch Company and Watson Ditch Company.
During those times the City normally makes use of Mill Creek (and to a lesser extent Packwood Creek) for disposal of storm water, there is likely to also be water in the creeks that is being transported through the City to be delivered to these water rights holders.
The basins as described above would be used by the City to divert most if not all of the flow of Mill Creek and Packwood Creek during an extreme flood period. The water that would ordinarily flow into the creeks would be held in the basins until the flood event has concluded, and then would be returned to the creeks for delivery to the water rights holder.
Because the use of the basins would require the temporary holding of water belonging to other parties, the City needs to have those parties’ consent. Further, a portion of the water held at the basins would likely be lost to groundwater recharge; therefore an agreement regarding such losses is necessary.
The City and KDWCD, together with the Kaweah-St. Johns Rivers Association and the respective water rights holders, negotiated the terms of an agreement that would establish the conditions under which the water rights holders would be asked to consent to the temporary diversion of their water. A form of agreement (Water Diversion Agreement) has been arrived at by representatives of the water rights holders identified above, and has been submitted for approval to their governing boards.
The Water Diversion Agreement, attached hereto as Exhibit B, provides for the following:
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1. Consent Must Be Requested . The Water Diversion Agreement requires the City to notify the water right holder of an anticipated need to divert water out of the Kaweah River, and to request consent to do so. It does not require that the consent be granted. Therefore, it may be that the water right holder will not consent to the temporary diversion into the upstream basins; however, the agreement provides that consent can be withheld only if allowing the diversion and retention would damage the water right holder. It is anticipated that in the vast majority of circumstances in which the City would request that diversions be made, the water rights holders will not have a high demand for the water it would otherwise be taking, and therefore would not be damaged by the diversion.
2. Return Flows. The City would be responsible for returning any flows that have been diverted back into the Kaweah River or Mill Creek at the City’s cost.
3. Accounting. The City, together with KDWCD, will be responsible for accounting for the water into and out of the basins, as well as assigning the amount of water that is recharged in the basins to the respective water rights holders. The agreement recognizes that any groundwater recharged in the basins will be considered a beneficial use by the entity whose water was brought to the basins.
Conclusion
Staff is requesting the Council grant the City Manager the authority to enter into the attached agreements.
Prior Council/Board Actions: None
Committee/Commission Review and Actions: None
Alternatives: Direct staff to work with Kaweah Delta to modify the Agreement.
Attachments:
Exhibit A, Basin Agreement
Exhibit B, Water Diversion Agreement
Exhibit C, Location Map for Oaks and Peoples Basin
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City Manager Recommendation:
Recommended Motion (and Alternative Motions if expected):
Move to grant the City Manager the authority to enter into the proposed agreements with Kaweah Delta Water Conservation District, Kaweah St. Johns Rivers Association, and the respective water rights holders.
Financial Impact
Funding Source:
Account Number: ______________________________ (Call Finance for assistance) Budget Recap:
Total Estimated cost: New Revenue:
Amount Budgeted: Lost Revenue:
New funding required: New Personnel:
Council Policy Change: Yes____ No____
Environmental Assessment Status
CEQA Review:
Required? Yes X No Prior to executing easement and constructing project.
Review and Action: Prior:
Required:
NEPA Review:
Required? Yes No X
Review and Action: Prior:
Required:
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Tracking Information: (Staff must list/include appropriate review, assessment, appointment and contract dates and other information that needs to be followed up on at a future date).
Review and Approval - As needed:
Department Head Review (Signature):
Risk Management Review (Signature):
City Attorney Review (Signature):
Administrative Services Finance Review (Signature):
Others:
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Exhibit A
Location Map
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